If I am in process of divorce and pregnant by someone other than my husband, can he force me to take a pregnancy test?

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If I am in process of divorce and pregnant by someone other than my husband, can he force me to take a pregnancy test?

My husband and I have been seperated for over 6 months. He has delayed returning divorce papers to me in which time I started seeing someone else and became pregnant. I know the judge will postpone the divorce if I tell them I’m pregnant so if I just don’t say anything or if he asks and I deny it, can they make me take a pregnancy test?

Asked on March 14, 2012 under Family Law, Tennessee

Answers:

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

Answered 9 years ago | Contributor

How the Judge will react to this is best asked to an attorney in your area.  But I have to tell you that the general assumption is that a child born to a couple that is still married is a child of the marriage.  And your husband will be forced to pay child support unless it is determined that the child is not his.  So he and the court can force a paternity test but that will probably happen after the child is born.  The court may accept an affidavit of non-paternity of the father supplies an affidavit of paternity.  Good luck.


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