Divorce - infedility & possible child

[heatlemons]

What is the name of your state (only U.S. law)? Texas

I have been married almost 13 years and have found out that my husband has had a relationship with someone for the past year. She has recently had a baby, which he denies is his. I have many suspicions that the baby does belong to him and she has not persued getting a dna test in order to keep a relationship with him. If I hire an attorney, is their a way that their has to be a DNA test done to prove whether or not the child is his? I feel that if something was to happen to my husband and we are not divorced, that she could come back and try to then get some type of support if the child is his. I am really confused.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Texas

I have been married almost 13 years and have found out that my husband has had a relationship with someone for the past year. She has recently had a baby, which he denies is his. I have many suspicions that the baby does belong to him and she has not persued getting a dna test in order to keep a relationship with him. If I hire an attorney, is their a way that their has to be a DNA test done to prove whether or not the child is his? I feel that if something was to happen to my husband and we are not divorced, that she could come back and try to then get some type of support if the child is his. I am really confused.

If the child IS his she can get child support from him. He can also get visitation. You cannot force the issue of paternity however because YOU do not have standing. YOU can exert pressure on your husband to attempt to sue for paternity however. If the child is his, he has legal obligations and rights.

 

[mistoffolees]

What is the name of your state (only U.S. law)? Texas

I have been married almost 13 years and have found out that my husband has had a relationship with someone for the past year. She has recently had a baby, which he denies is his. I have many suspicions that the baby does belong to him and she has not persued getting a dna test in order to keep a relationship with him. If I hire an attorney, is their a way that their has to be a DNA test done to prove whether or not the child is his? I feel that if something was to happen to my husband and we are not divorced, that she could come back and try to then get some type of support if the child is his. I am really confused.

As Ohiogal says, your husband is the one who needs to straighten this out since you have no legal standing.

However, I would strongly urge you to ask him to do so. If he's convinced that it's not his child, he can make the whole problem go away.

If he DOESN'T ask for the paternity test, let's say that he does die. She can come back on his estate to collect support, although there will be some limitations. Then there's the issue of proving paternity. If he's not there to deny it, it's going to be difficult to counter her claims. Yes, you could get DNA testing from blood relatives, but that becomes less reliable. Far easier to deal with it now -- and if it IS his child, he needs to support it and exercise whatever visitation/custody rights he feels are appropriate.

 

[nextwife]

If you and he have children, filing for seperation/divorce AND CHILD SUPPORT now puts your children of the marriage first in line for a slice of his income Child Support pie before her love child.