How can my husband and I get custody of a child he had with another woman?
If you want this child regardless of whether he is your husband’s biological father, then a paternity petition must be filed asking to find that he is the legal father of this child. If he wants confirmation of being the father, he can request in the paternity petition for a DNA test. Once the paternity petition is filed he can obtain legal rights and/or responsibilities for this child, including time sharing.
Establishing legal paternity is the essential first step in securing Florida child custody rights, as it transforms a biological connection into a legally recognized parental relationship. Without this formal determination, a father may lack the standing to request a court-ordered parenting plan or enforce a schedule for time-sharing.
About the Author
Vanessa Vasquez de Lara is a Miami divorce lawyer, author, and legal commentator with more than 20 years of experience helping families navigate divorce, child custody disputes, and complex family law matters throughout Florida. She is the founder and managing partner of Vasquez de Lara Law Group, one of the largest family-law-only firms serving Miami-Dade and Broward counties, with a team of attorneys dedicated exclusively to divorce and family law.
A graduate of the University of Miami School of Law, Vanessa has been recognized for her professional excellence by being named to the Super Lawyers list every year since 2016. She is also the author of the bestselling book “The Florida Man’s Guide to Getting Divorced” which provides practical insight into the legal, financial, and personal realities of divorce in Florida.
Fully bilingual in English and Spanish, Vanessa is frequently invited to provide legal commentary on family law issues in national media, including appearances on NBC and Univision’s Despierta América.
Beyond her legal work, Vanessa is the founder of the Ricky Supreme Scholars Foundation, created in honor of her brother who lost his life to gun violence. Through the foundation, she provides scholarships to high school students to help them pursue higher education and build brighter futures.
Connect with Vanessa:
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