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?

[LdiJ]

Originally Posted by 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?

Here is what I suggest....I suggest that your husband stop giving her any money at all. If he is really the father, she will then file for child support and your husband can get a court ordered DNA test to confirm that he is the father. If he is not really the father she will probably just go away.