Determining Paternity and Rights of Child Born as the Result of an Affair

[cheaterpardee]

What is the name of your state? California

Approximately one month ago I found out that my husband had an affair approximately four years ago which resulted in the birth of a son. He never questioned the woman as to whether or not the baby was really his or not. This woman was already a single mother of one child. While pregnant, the woman told my husband that she did not want anything from him and that she understood that he would not be a part of the baby's life due to his marriage. My husband did not agree with her decision to keep the baby, but told her that he would do what he could to help out. When the baby was born, she put her last name on the birth certificate and did not list my husband as the father. After the baby's birth, my husband said that he woudl take diapers and milk over to help out. A few months later, she told him that she needed money to help with daycare. My husband stated that since he did not want me to find out, he told her that he would send her what he could. In the beginning, he would send $250.00 per month. A year later she called and threatened him and told him that she needed more, so he started sending her $350.00 per month. At the beginning of 2005, she told him that she needed more money, when he protested, she told him, well I guess I'm going to have to tell your wife. So he started to send her $450.00 a month. Well in May 2005, I found out about his son and the affair, but as I started to ask questions, things were not adding up. My husband said that he never questioned as to whether or not the baby belonged to him. I demanded that the two irresponsible idiots (my husband and this woman) take a paternity test and set up appropriate support payments and visitation because this child deserved to know who it's father was and be entitled to all benefits. We contacted the mother and told her that we would pay and set up a paternity test and she agreed to take the baby in for testing. Well it has been three weeks and she is making excuses and has not taken the test. What can we do to get her to take the test to determine paternity? If my husband is the father, what legal rights does he have?

"we" cant demand a paternity test-this is between your husband and this woman. if he was smart, he would have had a dna test when the child was born,instead of taking this woman's word for it. dont pay her any more money untill you know for sure its your husbands child, you dont know wether or not she even used the money for the care of the child. if it is his child, he can file for custody/visitation. but untill then, dont send any more money untill you know for sure, or he could be supporting a child thats not his untill the kids 18. good luck to you!

[stealth2]

One thing you should be aware of is that simply having a DNA test isn't going to give him any rights. Only a court can do that. And generally, the courts only accept DNA results from certain labs, done under certain conditions. What your husband needs to do is file in court for a paternity test, and then from there custody/visitation and support.