Legal Question in Family Law in Kansas

Just found out that my wife is a bigamist. She never divorced her second husband, that resides in California. We were married in Colorado. We have been separated for four months. She is claiming false credentials with her work. She doesn't even have a high school education and is claiming to be registered in the medical field, and also a MS and BS. I am afraid she will flee back to California. We are in Kansas. Can I request full custody of our 2 year old?


Asked on 4/27/15, 9:53 am

1 Answer from Attorneys

Anthony Smith LawSmith

The book gamy and the custody issue are separate matters with a few intersecting issues. While the child LD is with you, you can file for a Custody Order. I'm it you will say that although you obtained a marriage lic me in Colorado, it is a nullity because she was still married to someone else. You will get custody pending a hearing.

Since the mother was married, when she fave birth, the law may presume that the child is her husband's. Therefore, you may have to es ablush paternity.

Once you've filed your Motion, you have some protection should she try to leave that state with the child.

You may need to bring a separate action to have your Colorado marriage annulled. This is probably more complicated than anyone should attempt Pro We. Therefore, you should consult directly with a Family law practice attorney, in your area, very soon.

Good luck

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Answered on 4/28/15, 12:30 pm


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