What can we do if my husband may have a son from another woman? 21 Answers as of August 24, 2011

My husband got a call from the mother of the child saying that she was mailing out a paternity test to see if he was the father of her 9 year old son.

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Bagwell Holt Smith Jones & Crowson, P.A.
Bagwell Holt Smith Jones & Crowson, P.A. | John G. Miskey IV
Your husband would have an obligation to financially support this child if he is the biological father so long as his parental rights are not terminated. Our firm offers legal consultations (via office/phone/skype) throughout NC for a fee of $75.
Answer Applies to: North Carolina
Replied: 8/24/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
He needs to retain a lawyer immediately. Of course if he is in fact the father of the child that can have major implications.
Answer Applies to: California
Replied: 8/22/2011
Law Office of Roianne H. Conner
Law Office of Roianne H. Conner | Roianne Houlton Conner
You can do nothing. Your husband could ask for a Court Ordered test to determine if this is his child.
Answer Applies to: Alabama
Replied: 8/21/2011
The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
If you are saying that your husband had an affair and has a child, then I am able to give you some legal options, and I would need to know what you want, what your goals are. If you are saying that your husband had a child before he married you, then I can explain the situation to you as far as his legal duties, and again, you have to let me know what you would like to see happen.
Answer Applies to: New Jersey
Replied: 8/20/2011
Law Offices of Paul A. Eads, A.P.C.
Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
It would have no legal bearing since the child is already 9 and probably calls someone else dad by now.
Answer Applies to: California
Replied: 8/20/2011
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | Patricia Van Haren
    If your husband is the father of another child, he would have rights to custody and visitation. He may also be obligated to pay child support. Your husband should immediately contact an attorney prior to submitting to a DNA test as there may be other factors for the court to consider prior to establishing paternity.
    Answer Applies to: California
    Replied: 8/20/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    If he is the father, he may have rights to see the child and develop a relationship, and also the obligation to pay child support. A mail-in paternity test isn't very reliable though. Generally, all parties have to go to a lab in order to insure that the testing is accurate. I would suggest retaining an attorney to assist with this process and ensuring that he is not inaccurately determined to be the biological father (and stuck with a support obligation that he shouldn't have).
    Answer Applies to: Florida
    Replied: 8/19/2011
    Law Office of Daniel B. Rubanowitz, APC
    Law Office of Daniel B. Rubanowitz, APC | Daniel B. Rubanowitz
    This is potentially a very complicated and costly issue. With the minimal facts provided, you should consult with a Family Law Attorney at your earliest convenience.
    Answer Applies to: California
    Replied: 8/19/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    He does not have to take the test if he does not want to voluntarily; he can wait and see if she files a paternity suit and then ask for the test and go from there.
    Answer Applies to: Georgia
    Replied: 8/19/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    Your Husband can agree to terminate his parental rights, have nothing to do with the child and still pay child support, or he can assert his rights to timesharing with the child and the two of you can accept the child as family. This is less of a legal issue and more of a practical issue that the two of you are going to have to work out together. What is this going to do to your relationship? Do you have your own children with your husband and how are they going to react to this? I don't envy your position, but this could also be a blessing in disguise. I suggest you consult an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options.
    Answer Applies to: Florida
    Replied: 8/20/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Unless he is absolutely certain that it is impossible for him to be the father, the least expensive option is to cooperate with obtaining DNA testing to establish the fact one way or the other. If he doesn't cooperate, the mother can eventually get a court to order the testing and, if he turns out to be the father, he would be required to pay the full cost of testing. The claim that she is "mailing" a paternity test may be misleading. To be valid and admissible in court, the test must be accomplished by an accredited laboratory and that involves more than simply mailing something. He needs to pay close attention to what he receives.
    Answer Applies to: Colorado
    Replied: 8/20/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    What you can do depends on what you want to do. If the child is his, he'll have to pay support, probably back support, and can establlish an appropriate parenting plan. If the mother's husband will adopt the child, your husband's rights/responsibiities can be terminated.
    Answer Applies to: Washington
    Replied: 8/19/2011
    The Law Offices of Robert W. Bellamy
    The Law Offices of Robert W. Bellamy | Robert W. Bellamy
    Depends. He may be held responsible. If so you can go willingly and make the child a part of your loving family or you can fight it and make two enemies and still have to pay support. If he is not the father you have nothing to fear but a little aggravation.
    Answer Applies to: Alabama
    Replied: 8/19/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    He can start by taking a legitimate paternity test if he believes he might be the father. I wouldn't trust an at home kit. The first step in resolving this is filing a Petition to Establish a Parental Relationship and requesting genetic testing.
    Answer Applies to: California
    Replied: 8/19/2011
    Law Office of Richard B. Kell
    Law Office of Richard B. Kell | Richard B. Kell
    Your husband certainly needs to know one way or the other. However, I would not trust a mailed paternity kit. It's not so much the kit itself that's untrustworthy, but the woman sending it. Her intentions could be less than sincere, and your husband would have no way of verifying the results. If he really wants to know whether he is the father, he can file a Complaint to Establish Paternity (or Non-Paternity) in the Family Court. It is a formal process that is completely verifiable. I hope this helps to answer your question.
    Answer Applies to: Massachusetts
    Replied: 8/19/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Has a paternity action been filed with a court? If not, he does not have to participate in paternity testing. Only if ordered by a court.
    Answer Applies to: Michigan
    Replied: 8/19/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    If paternity is established, a court can determine custody rights, parenting time and child support.
    Answer Applies to: Minnesota
    Replied: 8/19/2011
    Theiler & Mourtos Attorneys at Law
    Theiler & Mourtos Attorneys at Law | Devan J. Theiler, Esq.
    The answer to that question depends a lot on how you both would prefer to handle the situation. If he would rather not be involved, then getting a proper paternity test is absolutely the first step. Given the long delay in her contacting your husband, the Courts will likely require the same unless he consents to accepting responsibility. Clearly, if the child is not his, he will not have any futher obligation. If the child is his, however, he will have a child support obligation and will have to decide whether or not he wants to pursue parenting time visits with his child. Given that the child is already 9 years old, it is unlikely that he would be able to get primary custody, at least immediately. His obligation to support his child exists regardless of whether or not he chooses to see the child. However, the more overnight visits his potential child has with him the lower his child support payments will be.
    Answer Applies to: New Jersey
    Replied: 8/19/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    First of all, if she names him as father, he will have to take a paternity test to prove he isn't (unless he believes he is or he wants to be). If he is the father and has not had any involvement in the child's life up until now and doesn't want to become involved, he should probably look to have his parental rights terminated.
    Answer Applies to: Connecticut
    Replied: 8/19/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    If paternity is established he could be responsible for up to 3 years of past child support; he could also seek access to the child The information contained in this email may be confidential and/or legally privileged. It has been sent for the sole use of the intended recipient(s). If the reader of this message is not an intended recipient, you are hereby notified that any unauthorized review, use, disclosure, dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please contact the sender by reply email and destroy all copies of the original message. Thank you for your anticipated cooperation.
    Answer Applies to: Connecticut
    Replied: 8/19/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Paternity tests aren't mailed. But if your husband may be the father of a child, it is in his interest to sit down with a lawyer as soon as possible to determine his obligations and steps to follow.
    Answer Applies to: Georgia
    Replied: 8/19/2011
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