"I Raised the Child for Five Years, and He Was My Wife's Ex-Boyfriend's Son... But He's Still My Child": Firefighter Father Seeks Custody After Divorce [Law]

\r\n
[Financial News] A man has sought legal advice after learning, belatedly, that the child he had raised as a honeymoon baby was actually his wife's ex-boyfriend's child.
\r\n\r\n
Recently, YTN Radio's "Attorney Jo In-seop's Counseling Center" featured the story of A, a firefighter in his 30s who has been married for five years.
A said he married after dating his wife for two years, and that they had a child not long after the wedding.
A said, "We were happier than anyone else, calling the baby our honeymoon baby." He added, "I always go out to dangerous scenes, but when I come home, I wanted to live as an ordinary father by my child's side. The child was my greatest joy."
Then one day, the child suffered a sudden allergic reaction. The pediatrician reportedly recommended genetic testing of the parents to identify the exact cause. A and his wife underwent the test, and when he received the results a few days later, A said it felt like the world had collapsed.
A said, "They told me there was no genetic link between the child and me." He added, "I couldn't believe it, so I asked for retesting several times, but the result was the same."
He continued, "When I confronted my wife, she said she had been depressed because of so-called 'marriage blues' right before the wedding, and during that time she met her ex-boyfriend just once. She said the child may have been conceived then." He added, "I am now preparing for divorce proceedings amid deep betrayal and confusion."
\r\n\r\n
He also said, "How could I give up this child, who has grown up calling me 'Dad' from birth until now, when I rescue complete strangers from the flames? Even if I divorce my wife, I want to keep raising the child."
A asked for advice, saying, "I learned that a child born during a marriage is legally presumed to be the husband's child. In a case like this, can I still be designated as the custodian and guardian? If my wife later denies paternity or the legal parent-child relationship is overturned, is there a way for me to keep raising the child? I also want to know whether I can legally stop the biological father from appearing and taking the child away."
\r\n\r\n
After hearing the case, lawyer Kim Na-hee explained, "If a spouse became pregnant around the time of the honeymoon, gave birth to the child, and has raised the child until now, then even if genetic testing does not confirm biological paternity, the child is still legally presumed to be the husband's child." She added, "You can consider the petitioner to be legally recognized as the child's father at present."
She continued, "Because the petitioner is currently legally recognized as the child's father, he can file for divorce against his spouse and also request that he be designated as the child's custodian and guardian in the same case." She added, "If he has directly raised the child from birth until now, and the child recognizes him as a father and has formed a strong emotional bond with him, those circumstances can be very important factors in determining custody and guardianship."
Kim also said, "Even if the child's biological father appears, he is not in a legal position to take the child away or assert rights immediately, so the petitioner does not need to be overly anxious." She added, "However, the situation could change in the future, for example if the wife files a lawsuit to deny paternity, so it is important to respond strategically during the course of the litigation."
She further noted, "It is necessary to file for divorce against the spouse while also requesting designation as the child's custodian and guardian." She added, "It is very important to organize concrete evidence showing the continuity of care and the emotional bond that has been built over time."
\r\n\r\n
newssu@fnnews.com Kim Su-yeon Reporter