Can I order a paternity test if my spouse had an affair in which his mistress is pregnant?

My husband had an affair and the mistress is pregnant. Can I order a paternity test even if my husband is claiming this to be his child?

Asked on March 23, 2016 under Family Law, North Dakota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, you cannot. Your husband would have the right, if he were contesting paternity; and the mistress could get a paternity test ordered, if he were refusing to pay child support; but you are not a parent or potential parent, and therefore have no right to order a paternity test. You may wish to consider, however, divorce, if your husband is not just having an affair but fathering children with other women. At the least, speak with a divorce or matrimonial law attorney to understand your rights and what you'd likely get in divorce.


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