Can I be Forced to have a Paternity Test Done on my Child?

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“Can someone force me to have a paternity test done on my child? My husband and I have been married for over 4 years and have two beautiful children together. This past fall we went through a rough patch in our marriage and were “separated(not legally)” for a couple of months. He was staying with a friend while we were working out our problems. We were still sleeping together at the time, but one night I made a HUGE mistake and slept with a man, that I had considered to be a good friend at the time. I have tried to completely cut all ties to this man because my husband and I are back together and working things. My husband knows of the incident and we have worked past that. We found out shortly after he moved back in that I am pregnant with our 3rd child and have been adjusting to that as well. This other guy has found out that I ma pregnant and will not stop sending me e-mail telling me that he is the father of this baby and is in contact with a lawyer and wants me to have a DNA test done. It is highly unlikely that this other man is the father. And my husband and I believe it to be ours, we already have 2 children and intend to love this next baby just as much as our other two. This has caused a HUGE amount of stress on me being pregnant. I want nothing to do with this man and want him out of my life. He is very unstable, single guy who is heavy into drinking and dabbling in recreation drugs I don’t trust him. Can he force me to have a paternity test done? A friend of his has told us that this guy is only causing trouble for us because he is jealous and doesn’t want to see my husband and I work things out. That this man does not really care to be involved if in fact he is the father, he just wants to make us miserable. What should I do? Is there anything to do?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

The other man may just get his wish and get an order for DNA tests. If he pursues it, he might just be able to get a judge to order a paternity test. Until he does file something, tell him that you consider every false contact from him to be harassment, and build your case for a civil restraining order. Block every number and e- mail address you have for him.

If it turns out he is the father, he would likely be able to get parental rights and responsibilities. The lesson is “don’t sleep around on your spouse.”

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Author: House Attorney

A house attorney has answered this question.

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