child born within marriage but not husbands

My son was born six months after I got married my husband knew from the get go that it was not his child but signed the birth certificate of his own free will. Now I'm considering leaving him. Can he get custody. I herd I child born in the marriage is a child of the marriage . What is the 1st step.

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Well, under traditional family law, it is the understanding and the general "KNOWN" that a child born within the confines of marriage is a child of the marriage. This means that the law and court and state assume that your husband is the legal and responsible father of this child, even though biologically the child is not his.

Now, to overcome that, you need to have the father voluntarily with you change the name on the birth certificate to your last name AND also bring a court ordered motion to have him declared not the father.

To do this, please seek a family law attorney in your state: either through attorneypages.com or your STATE BAR association.

Hope this helps.