Can I force a married man with whom I had an affair to take a paternity test if I’m also married but to somebody else?

UPDATED: Jun 17, 2011

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Can I force a married man with whom I had an affair to take a paternity test if I’m also married but to somebody else?

What are my husband’s rights and responsibilities? The man who I had the affair with wants nothing to do with me and he says that my unborn child is not his.

Asked on June 17, 2011 under Family Law, Georgia


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

Answered 11 years ago | Contributor

I am so sorry for your situation.  It must be very stressful at this time for you.  Be very careful with your health and that of the babies.  There is an assumption that a child born during a marriage is a child of the marriage, meaning that the courts assume that the baby is yours and in say a divorce child support would be ordered for your husband to pay.  Now, you yourself can ask for a paternity test of the baby and if the child is not your husband's, then you may have to file some paperwork to compel the other man to have a test.  This is all very sticky a situation and you need to discuss all the possible angles with someone there with whom you can confide about the entire matter.  Get help. Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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