[was113]

Im in NY and I want to know if I have the right to get a DNA test done. I had a fling with an married women and she got pregnet. She's not sure if its mine or not. I want the test done so I know if the baby is mine or not and if it is I want to be in the babies life. I think she is hiding the fact the it could be mine. Can I get a test done even if her and husband don't want it done.

[ScottGem]

Yes, but you will have to file a petition in court to do so. As soon as the child is born, you file in Family Court for custody and visitation. The court will order a paternity test done as the first step.

[stevetcg]

Does NY give the right for it to be contested? Some states do not recognize the request if it is brought against someone that is married.

You do realize that regardless of the outcome, you will destroy the woman's relationship, right?

[ScottGem]

All states allow for contesting paternity. It just has to be done within a specific time frame.

[stevetcg]

All states allow for contesting paternity. It just has to be done within a specific time frame.

There was a question a while back where there was a married couple and the husband signed the B/C and the potential bio-father was not allowed to challenge paternity because of a presumed paternity on the part of the husband. I believe Cadillac59 spoke to it. That is what I was talking about.

[stevetcg]

I just did a quick search and all I found was that the husband would also need to be notified of the proceedings. I could be wrong... just thought it was something that came up.

[asking]

Why do you want to make trouble for this woman? Why not find someone unmarried, marry her and have a baby who you can really father properly instead of being an unwelcome third wheel and possibly contributing to the break up of a marriage? Do things right.

I say leave this couple alone.

[cdad]

It looks like its going to be messy because she is married. The father may be the husband in the eyes of the courts and may not recognize a challenge.

New York Paternity Law Law Summary and Law Digest

All references to a challenge seem to point to " out of wedlock "

[ScottGem]

The statute linked to deals only with a child born out of wedlock. It does not deal with the issue of a child born to a married couple resulting from an extra marital affair.

The following is from this site:
New York City Family Court

What if the Mother was Married to Someone Else?
If the mother was married at the time the child was conceived or born, her husband is considered to be the legal father of the child, even though he might not be the biological father, unless a court decides that he is not the father. A copy of the paternity petition must be served upon the husband to notify him about the court case. After he is served, a judge may make a ruling concerning his relationship to the child. If the judge decides that the husband is not the father, the paternity case against the other alleged father may continue.

This clearly allows for a challenge from a third party who believes he may be the father.

[cdad]

The statute linked to deals only with a child born out of wedlock. It does not deal with the issue of a child born to a married couple resulting from an extra marital affair.

The following is from this site:
New York City Family Court

What if the Mother was Married to Someone Else?
If the mother was married at the time the child was conceived or born, her husband is considered to be the legal father of the child, even though he might not be the biological father, unless a court decides that he is not the father. A copy of the paternity petition must be served upon the husband to notify him about the court case. After he is served, a judge may make a ruling concerning his relationship to the child. If the judge decides that the husband is not the father, the paternity case against the other alleged father may continue.

This clearly allows for a challenge from a third party who beleives he may be the father.

Yes but the rub is that its up to the courts to decide. Should this man ( the husband ) reject the child then a challenge would go through hands down. But what if he embraces and accepts the child as his own. The courts could decide to block any testing based upon the putative fathers actions. ( that of the husband ) because it would fall inline with the best interest of the child rule ( guidelines ).

So as we all know.. we can only guess what a court might say : )

[asking]

Hard to imagine that a judge would rule against the husband/legal father if the couple were still together. But of course a paternity suit from a third party could very well contribute to a divorce.

I still think, legal issues aside, OP needs to think about what's best for the child. He should back off and wait until the dust settles before deciding what to do, if anything.

[ScottGem]

True it is up to the judge. But I would be very surprised if a judge wouldn't at least order a paternity test. There is more at stake here then just paternity. Medical issues make it important that a child have a full genetic history.

[stevetcg]

True it is up to the judge. But I would be very surprised if a judge wouldn't at least order a paternity test. There is more at stake here then just paternity. Medical issues make it important that a child have a full genetic history.

True, but presumably the woman wants to stay married and a paternity test would pretty much nail that closed - which I believe is why this law exists.

I think the OP would be required to provide proof that he could plausibly be the biological father.

[cdad]

True it is up to the judge. But I would be very surprised if a judge wouldn't at least order a paternity test. There is more at stake here then just paternity. Medical issues make it important that a child have a full genetic history.

I agree. There is just no telling these days what way the wind is going to blow in a court room. Genetics play a huge part in the roadmap of life.

[Cristiansmomma]

There is a home DNA test now being sold in stores. You purchase it for less than $20,and send it in to a DNA place,which will cost about $100 or so! Easier that way,then getting involved w courts.If it comes back you are the father,then you will have to get involved w the courts to get some custody!

Husband know his wife had a fling?

[cdad]

There is a home DNA test now being sold in stores. You purchase it for less than $20,and send it in to a DNA place,which will cost about $100 or so! Easier that way,then getting involved w courts.If it comes back you are the father,then you will have to get involved w the courts to get some custody!

Husband know his wife had a fling?

The home DNA test kit has nothing to do with this case unless he has access to the child. You have to have the child's DNA to do the comparison. Also unless court ordered home DNA test kits are only good for just that.. in home use only.

[asking]

The child isn't born yet so, no, he does not have access to the child.

The child's genetics--if ever needed-- can be assessed based on tests of the child directly. No one needs the mother or father for that. AND, in addition, the role of genetics in modern diseases has been greatly exaggerated. Most cases of heart disease and cancer, the two biggest killers, are caused by lifestyle choices--smoking, poor diet, and sloth.

[ScottGem]

The child's genetics--if ever needed-- can be assessed based on tests of the child directly. No one needs the mother or father for that. AND, in addition, the role of genetics in modern diseases has been greatly exaggerated. Most cases of heart disease and cancer, the two biggest killers, are caused by lifestyle choices--smoking, poor diet, and sloth.

One of the first things stressed to med students is to get a good history of the patient, this includes family history to determine predilections towards some conditions. If one doesn't know their true family medical history, there is potential for misdiagnosis.