Q: Does he have the right to ask for paternity test on child born to married couple?
I am married. Me and my husband separated for about 2 years and I had a very toxic relationship during that time with someone else. As toxic as it was, of course it ended horribly and we practically hate eachother. We stopped speaking only about 2 months ago and I decided to work on my marriage. I got pregnant right away from my husband and of course because it's been so fast, the other man suspects it could be his and deep down I wouldn't mind him living with that doubt forever after the horrendous things he did to me, but it is my husbands child. He is emailing me, I'm not responding. He is now sending me certified letters, which I'm not accepting. And he threatened with getting a lawyer. Can he do that? Could he have the right to request a paternity test when the child is born even when it's born into a marriage? I plan on just informing him and not having any sort of communication. Am I safe from any legal action? (Connecticut)
A: I do not practice in CN, and you need to actually go have a full discussion with a family lawyer there. The main question, and what you need to talk about, is whether CN law will even allow him to bring a paternity case. I answer only to point you in the right direction. In FL, any case brought by him would most likely get dismissed.
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A: You should discuss this in person with an experienced attorney. Your question includes two distinct issues. As for the paternity issue, this other man can attempt to bring a paternity claim. To get a court order he would have to prove facts leading the court to question fatherhood and support his potential claim. If he fails to win and the court finds his claim as unreasonable you may be able to sue him back. For the cost of a paternity test on the child's birth you could save yourself a lot of legal fees defending against such a claim. You also should talk with the attorney about whether the claimant is exceeding reasonable bounds and has broken the law as to harassment.
1 user found this answer helpful
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