Are there chances that a judge will not oder you to have a paternity test taken? If so, on what grounds.

Need more details please.

If there is reasonable belief that the person could be the father, yes the judge will order it.

I was legally married( but separeted) when I got pregnant but the guy I had an affair with and living with at the time says its his baby but I know that its not because I was always trying to work things out with my husband (even while living with the other guy). The other guy got tired of all the drama and finally left me, so I had my baby(the other guy had nothing to do with me, never bought the baby anything was not there when I had the baby.) the other guy just served me with papers wanting a paternity test and he is asking for legal custody and visitations and wants me to change my sons name to his last name ( I listed my husband as the father and of coarse our son has our last name) I don't want anything to do with the other guy and I never asked him for anything. So I was hoping that I don't have to give paternity test so I can go on with my life HELP!

Most states automatically assume the father is your legal husband without a test, but if there is a question then the court can be petitioned and order a test. If your boyfriend is the father he can invoke his rights if he wants to so, I know you don't want to hear it but the law is on his side in regards to his rights.

The court will side with your boyfriend on the paternity testing if he petitions the court. You and your husband can present your side but do not count on your side being the overriding side in this. Wouldn't you really want to know anyway on this paternity or do you like having it hang over your head like a storm cloud waiting to burst? Get it over with and go on with life. If the boyfriend is the biological father, you will have to make the adjustments. Myabe he is just doing this to be the thorn in the side. Maybe he really has paternal feelings. Who knows? However it turns out, keep the best positive attitude and do not - do not - let this mess spill over to the child's life in a negative way. Best of luck!