My Husband had an Affair with a Woman who Claims he is the Father of her Son, As his Wife Can I Demand a Paternity Test?

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“I am married and have two children with my husband. We are now separated because of an affair my husband had with a girl that is now saying he is the father of her son. What can I do ask his wife to demand a DNA test? Do i have that right?”

[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.]

Not directly. You personally are not implicated in his paternity action and cannot demand a DNA test for the purpose of establishing he is the father of that child. In a dissolution of marriage case in a fault-divorce jurisdiction, it may be relevant to establishing adultery if he does not admit it. Under that circumstance, after discovery where you ask him to admit or deny extra-marital affairs, you might then seek a subpoena to draw blood from him and the child to prove his parentage. This may be too invasive of the child’s rights, and would certainly take longer than the 6 months waiting period to get a divorce n most states. Since you already apparently have proof he committed adultery, you may likely never be able to get that other child tested.



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Author: House Attorney

A house attorney has answered this question.

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