Why do I have to take a paternity test when the father is known to be not me?

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Why do I have to take a paternity test when the father is known to be not me?

My wife and I have been separated for years and now that we filing for divorce they’re making me take a paternity test for the child that she just had less than a year ago. This child was bothered by the man that she is currently going out with so its known who the dad is why should I have to take a paternity test to find out it’s not mine.

Asked on May 15, 2018 under Family Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

1) The children of a married couple are legally presumed to be the husband's children unless a) proven otherwise or b) someone else claims the child as his and the husband does not contest it. If you were married at the time the child was conceived, the child is considered yours unless you show otherwise.
2) You say it's "known" that you were not the father, but what is "known" is not legally binding unless satisfactorially proven in court--i.e. by a paternity test or by someone else  swearing under oath or on the proper signed affidavits that it is his child and neither you nor your wife contesting that claim.


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