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?

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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

Answers:

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

Answered 10 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.


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