Q: Can a third party challenge my paternity?
Can the man my wife had an affair with challenge my paternity and legitimate our child?
My wife had a short term affair and a child was born during that time. We have never been legally separated or even spoke about divorce. We remain married and regardless of what biology might say, I am the father. The affair partner has filed for legitimation. The child is now one. Would it be possible to show that a DNA test would not be in the child's best interest? Who does the law favor? Will we be able to have the petition dismissed? What are recent cases that fit this profile?
A: The presumption is that the husband is the legal father of the child (in this case you). Overcoming this presumption is extremely difficult; but possible. Considering your desire to remain the father, you should consult with an attorney quickly.
Regina Irene Edwards agrees with this answer
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A:
There have been similar cases where the legal father remained the legal father even after the biological father contested it. You will need to hire an attorney to intervene in the case and to assert your rights.
_____________________________________________________
Regina I. Edwards is the Owner of Edwards Family Law.
Ms. Edwards has been practicing law since 2001. She has been voted by her peers a Georgia Super Lawyers Rising Star in Family Law for 2018.
www.EdwardsDivorceLaw.com
404.238.7808
A: Legitimation is only about biology in part. You are presumed to be the legal father until someone else files to legitimize the child. The "best interest" standard is applied to legitimation cases, so, while you cannot stop paternity testing, you can argue that it is not in the child's best interest for this person to be legitimized. However, there must be a compelling reason not to legitimate if he has filed.
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