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christo15 · Jan 7, 2009, 06:37 AM

I had sex with a married women and she was found to be pregnant just weeks after our encounter. Her and her husband state that the doctors estimate the date of conception to be 6 - 10 days after we had sex. What rights do I have to demand a paternity test?

JudyKayTee · Jan 7, 2009, 07:02 AM

Originally Posted by christo15

I had sex with a married women and she was found to be pregnant just weeks after our encounter. Her and her husband state that the doctors estimate the date of conception to be 6 - 10 days after we had sex. What rights do I have to demand a paternity test?

When the child is born you go to Court and file for custody/visitation and the Court will order DNA to determine paternity.

I have been advised that in California you can file in anticipation of the birth. You cannot in other States so you would have to check with the Court.

stevetcg · Jan 7, 2009, 07:20 AM

Help me understand your thought process here...

You slept with a married woman. Presumably she plans on staying married. Gestational math says you *probably* are not the father and it is reasonable to believe that her husband is.

You want to force a paternity test why?

ScottGem · Jan 7, 2009, 07:36 AM

I assume you want a child and are willing to create a bad situation to fulfill your desire.

So yes, you can file for for custody/visitation once the child is born. The courts will then order a paternity test.

But I urge you to consider what you are doing to this family. First you throw a monkey wrench into by having an affair with a married woman. Whether she was willing or not doesn't matter if you knew she was married.

Second, you want to have the child raised in a very confusing situation where he has two dads, one living with him and another outside his immediate family. Do you really want to do that?

stevetcg · Jan 7, 2009, 07:45 AM

Originally Posted by ScottGem

Second, you want to have the child raised in a very confusing situation where he has two dads, one living with him and another outside his immediate family. Do you really want to do that?

To expand on this... even the least quizzical child will be able to compare his date of birth to his married parent's anniversary and do the math. Put two and two together and the kid knows his mom cheated on his dad.

Emland · Jan 7, 2009, 09:53 AM

Originally Posted by stevetcg

To expand on this... even the least quizzical child will be able to compare his date of birth to his married parent's anniversary and do the math. Put two and two together and the kid knows his mom cheated on his dad.

The OP said he had sex with a married woman. It would be presumed by everyone that the husband is the father. Some states it is law that the man the woman is married to at the time of birth is the father even if it is obvious the baby isn't the husband's.

JudyKayTee · Jan 7, 2009, 09:58 AM

Originally Posted by Emland

The OP said he had sex with a married woman. It would be presumed by everyone that the husband is the father. Some states it is law that the man the woman is married to at the time of birth is the father even if it is obvious the baby isn't the husband's.

I'm not aware of any State where this presumption cannot be changed by a Court proceeding and Court-ordered DNA - better now than later.

That is the strictly legal advice but if I am incorrect hopefully someone will come along and correct me -

Emland · Jan 7, 2009, 10:05 AM

Originally Posted by JudyKayTee

I'm not aware of any State where this presumption cannot be changed by a Court proceeding and Court-ordered DNA - better now than later.

That is the strictly legal advice but if I am incorrect hopefully someone will come along and correct me -

I'm guessing that the states are getting more into DNA acceptance for paternity. I'm relying on a program I saw where a father was being required to pay child support for a child that was obviously not his. Child was mixed race, he was white and mother white. The court held that since he was the husband at the time of birth he was the father and had the obligation. The ethnicity of the child gave him reason to believe his wife was unfaithful and started divorce proceedings. I wish I could remember the name so I could follow up on this case.

Since paternity testing is much more reliable with DNA I would hope the state would see the necessity to test if there is a dispute.

JudyKayTee · Jan 7, 2009, 10:08 AM

Originally Posted by Emland

I'm guessing that the states are getting more into DNA acceptance for paternity. I'm relying on a program I saw where a father was being required to pay child support for a child that was obviously not his. Child was mixed race, he was white and mother white. The court held that since he was the husband at the time of birth he was the father and had the obligation. The ethnicity of the child gave him reason to believe his wife was unfaithful and started divorce proceedings. I wish I could remember the name so I could follow up on this case.

Since paternity testing is much more reliable with DNA I would hope the state would see the necessity to test if there is a dispute.

This case was "probably" (and we all know that's not a legal word) decided that way because the biological father was not available for testing or was not known and, therefore, not available for testing.

In this case where someone has come forward (for whatever reason, including getting back at the married woman for reuniting with her husband) I think the husband could be determined not to legally be the father - depending on the results of the DNA.

When you are married you pretty much are assumed to be the father unless the third party wanders into the picture - and I don't know how many cheating married women ever admit the possibility there is "another" father.

ScottGem · Jan 7, 2009, 11:17 AM

Originally Posted by Emland

I'm relying on a program I saw where a father was being required to pay child support for a child that was obviously not his. Child was mixed race, he was white and mother white. The court held that since he was the husband at the time of birth he was the father and had the obligation.

Judy is correct here. In most states the husband at the time of birth is considered the legal father, even if there are obvious clues that he isn't. But this ruling could be overturned, but only if there is a challenge by the bio father to assume legal parentage.

cdad · Jan 7, 2009, 04:13 PM

Ok OP.. yes that's you. What State are you in so we can better answer your question. Some states have it and we just went through this on the board that so long as the parents ( husband and wife ) don't question paternity then it can not be challenged by an outsider. So we really need to know what state your in.

OP = Original Poster