Who has the right to get a baby tested regarding paternity?

I am living with my boyfriend who is in the process of a divorce (awaiting 365 days until divorce as required by law). I am pregnant. Can his ex-wife have my new baby tested for paternity or do I have rights as a mother to keep her out of his issues?

Asked on March 17, 2011 under Family Law, Louisiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You raise a very interesting question that is known under the law as legal "standing" to request relief by the court, which is who would order a paternity test if the parties did not voluntarily get one.  Although I believe that his wife could make an issue out of the matter - his paying child support to another child is generally a factor taken in to account by most states when computing child support calculations - but I do not think that if he admitted paternity and was willing to take the child as his own she wold have any standing to force the issue.  Double check with an attorney in your area on the matter (I hate to say this but Louisiana is governed by the Napoleonic Code and the law down there is not always the same as in other parts of the country).  Good luck.


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