Monday, August 4, 2014

Can I get a court ordered paternity test done if I was married but have proof of adultery?

Q: I have a three year old son who could possibly be another man's baby. My wife was having an affair before we separated two years ago. The other man filed for paternity then dropped the suit before the court date.

A: David's Answer: If you were married, the the "presumption of legitimacy" applies so you're not automatically entitled to a DNA test. First, the court would be required to hold a hearing as to whether the presumption applies. During that hearing, you would be entitled to present evidence of the adultery. Schedule a consult with a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (

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