Originally Posted by Mutt

It depends primarily on the body of law of your state. Some states hold that the non-paternal father, even though not having adopted the child, is the pschological father of the child for child support purposes.

I would suggest that since the child has his name, and was born of the marriage that he would have a shot at custody. However, there is also a body of law in some states that the child is best left with the mother during its formative years. That being the case, there must be cause for custody to be given to the father.

Most states have a shared custody arrangement, with one being designated as the primary custodial parent.

I hope this helps somewhat.

Mutt