Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“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?”
Question: 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.
