Advice from someone who has been in your shoes
  Search entire web
Supervised Visitation Directory
Return to list of questions Return to topic groups
Married man has affair with unwed bi-sexual woman; what are his rights during the resulting pregnancy?

Your Question:
Unwed mother in same sex relationship pregnant by married man....what rights does the married man have of gettin custody?....Both parties know about pregnancy wife of husband and partner of pregnant soon to be mother....Father not being informed of decisions regarding unborn baby...who has more rights to the unborn child now and when the child is born...The father or the partner of the unwed mother?

Custody and visitation problems? We can help. can help you win custody, change custody, or reduce child support. Recommended by mediators and therapists and used every day by thousands of parents and families worldwide.

My Answer:

The mother has full control of her body and everything inside her body. We have laws that have some protection over fetuses, but it's my understanding that no biological father has any rights until the child is born.

When the child is born, an unwed mother is presumed to have custody of the child until a court orders otherwise.

When the child is born, the father would have to initiate a paternity action and seek orders on custody.

The mother's sexual preference is irrelevant in a custody ruling.

The mother's same-sex partner is largely irrelevant in a custody ruling, unless that person is a danger to the child. The same would hold true for a different-sex partner.

The father would be wise to spend much time learning about child custody matters in the time before the baby is born, so he can have his case prepared and ready to file within 24 hours of the birth. He should also keep tabs on where the mother is located, so he can file in the county where she's living (i.e., file the case in that county) and serve her expeditiously when he files.

The result of the father's extramarital affair is probably going to result in a costly headache for the father and his wife for many years, unless the mother and father can maturely look at the situation and agree that adoption is the best thing they can do for this baby born into a highly turbulent situation.

Consult an attorney, above all.


This website gives common sense advice that is not intended to act as legal guidance nor psychological guidance. The author is neither an attorney nor licensed psychologist. For specific legal guidance or specific psychological guidance, consult with a licensed professional.

© 2005 ~ 2022 All Rights Reserved.