Can we fight for custody and termination of ex husband's parental rights? 3 Answers as of June 14, 2013

I was seperated from my husband and became pregnant by another man. My husband returned and took responsibility for the child and signed the birth certificate. We are now divorcing and the childs biological father would like to try and fight my soon to be ex husband for custody. Can we fight for custody and termination of ex husbands parental rights?

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Kiske Law Office, LLC | Anne Kiske
Yes. There are statutes now that specifically permit the biological father to file an action. Your child's biological father will need to consult an attorney.
Answer Applies to: Missouri
Replied: 5/30/2012
Law Office of Melvin Franke | Melvin Franke
Answer Applies to: Missouri
Replied: 6/14/2013
Burnett Evans Banks
Burnett Evans Banks | Paul Evans
Actually, your soon-to-be ex husband has only presumptive parental rights to your child who was born of another man during your marriage. The presumption can be overcome with evidence that another man is the biological father. Once the other man is determined to be the natural father, then ex-husband has no rights of custody or visitation to that child. This can all be accomplished in your divorce case.
Answer Applies to: Missouri
Replied: 5/29/2012
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