I believe that your husband would have to request a paternity test if there is a question. I belive that her husband is responsible pending results of that test since they are married and his name is on the birth certificate. If the child does turn out to be your husband’s then he is entitled to visitation and custody (if he wants it). Her husband can sue your husband for alienation of affection, and criminal conversation if the child is not his since that would be definite proof of sexual act. Also, she can file for child support from your husband if the child is his, since he is the father. This is a very sticky situation and I wish you luck. In my opinion you should think about whether or not you are staying with him. Is the affair over? You could also be in a position to sue her for criminal conversation and alienation of affection.
Hopefully, an attorney will respond since I’m not positive that I have all this exactly correct. Good Luck.
Dear LindaW:
Greetings. First, doesn’t this remind you of the song “Billy Jean” by Michael Jackson? Okay, bad joke. Here is your answer:
No, you cannot request a DNA test as you have no standing with the child.
A child is presumed to be from the marriage the child is born into unless proven otherwise. If your husband is the biological father, he can obtain custodial rights like any other parent.
No, if your husband is the biological father and is proved to be so, then the current husband of this woman no longer has any financial obligation to the child and your husband is on the hook for child support.
This sounds like your husband’s concern, so I am uncertain as to why you are the one worrying about the situation. If he does nothing, then there is no issue, right?
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
It’s a mess , , ,
Hey Janet…
My X is refusing to do a paternity test on the twins, the judge ordered it last July…They were conceived while we were still living together but she moved out and in with the boyfriend and filled out the hospital paperwork stating she was not married at time of conception…Since a AoA and CC lawsuit had already been filed, you would of thought she would have at least followed the law…By the way I was the one on TV and in Newsweek…I just want to straighten it out and move on,it’s hard looking at them and wondering…
Janet, I’m filing another CC lawsuit against my X’s old boss who I recently found out was the biological father of my 8 year old…
Saga number two…His lawyer has already called and we have not filed yet…Here’s a hint, if the first lawfirm lost with the first guy, why would the second guy hire them too…a little common sense please
Thats my mess, four children born of the marriage with 3 separate bioloical fathers…
Dear gebjr:
Greetings. I am so sorry to hear about your dilemna. Let us know how the case turns out! I hope that you will keep the children in mind - since it is apparent that they believe you are the parent for now.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
My husband has finally confessed to having an affair (which I knew all along). The woman he had the affair with is also married. She came up pregnant and supposedly had not been active with her husband since 1/06 and just gave birth 1/07 (yes I know the dates don’t add up, and I’m certain her husband has figured this out also). She is telling my husband that he is definately the father, that he cannot deny the child because “it looks just like him”, but she is also trying to convince her husband that he is the father. Her husband is on the birth certificate as the father, and the basis of what my husband is going on is that in certain pictures the baby looks like him. Now in a lot of baby pictures you can see a lot of different people, and whoever you lead your mind to believe it to look like. Can I request a DNA test, being the wife, or does my husband have to be the one to do it? Also, if it comes out that the child is my husband’s, what legal rights does he have to visitation, and what would the status be of her husband since he is on the birth certificate? Would her husband still be financially responsible for the child and be required to provide insurance, or could she go after my husband for child support? I would rather have definate proof than her word that the baby looks like my husband being all I have to go on.