Law Office of John C. Volz | John C. Volz
You should seek legal counsel. If there is a conviction for the sexual assault, then there is a presumption against custody. The court will look at all the factors in the criminal file prior to determining any type of rights.
Answer Applies to: California
The Sampaio Law Firm, PA | Sasha M. Sampaio
The law presumes the paternity of a child as the mother's husband during marriage; however this presumption can be rebutted. The final judgment in the divorce or the marital settlement agreement should have addressed the custody of the then unborn child. Assuming this was not done in this case, and that the child is actually the biological son of the ex-husband, the question is whether the ex-husband has filed a paternity action within the statutory time period since his name is not on the birth certificate. In short, he cannot simply "take the child" without some legal right to do so.
Answer Applies to: Florida
John E. Kirchner, Attorney at Law | John Kirchner
Your situation appears to be a little too complicated for a simple answer. Generally, until there is some form of court order, there are no specific "legal" rules that you have to follow and the father has no specific "legal" rights to control you or the child. You need to consult an attorney and have your question decided in the divorce case itself.
Answer Applies to: Colorado
Beaulier Law Office | Maury Beaulier
If the child is conceived during the marriage, the husband is the presumptive father under law and he may assert his rights to custody and/or parenting time. Courts make such determinations based on a best interests of the child standard.
Answer Applies to: Minnesota
Seattle Divorce Services | Michael V. Fancher
In Washington, if the child was conceived during the marriage, then the spouse at the time is presumed to be the father of the child. In the divorce process there should have been court orders entered either determining the ex spouse not to be the parent of the child or establishing a parenting plan which determines the rights each parent has to the child. If that was not done, then you need to go back to court to have it done.
Answer Applies to: Washington
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
Rape? Take the child? You have described some really horrible things. You need to talk to a lawyer and get some advice right away. No, the father can not just walk in and take the child away from the mother who is raising the child. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.
Answer Applies to: New Jersey
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
A rapist is not entitled to the custody of a child who was the product of rape. However, you will need to provide adequate proof to the Court of the rape - if the rapist was convicted of rape, the conviction records would suffice. If he wasn't convicted of rape, it could be far more difficult. You should have at least sought Domestic Violence Restraining Orders against him right after the rape. You should retain or at least consult with an experienced Family Law Attorney regarding your situation.
Answer Applies to: California