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Jack R.
Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6147
Experience:  OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
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My husband just found out that he may be the father of a child

Customer Question

My husband just found out that he may be the father of a child born to a married woman with which he had an affair with about 8 years ago. The mother is just now getting a divorce. Her soon to be x is on the birth certificate so I;m guessing he is the legal father.The x just found out through a DNA test a few months ago that he is not the father of the child. We live in Florida....what is my husbands legal obligation (child support, visitation/custody, DNA test). The soon to be ex husband is the one insisting on a DNA test.
Submitted: 7 years ago.
Category: Family Law
Expert:  Jack R. replied 7 years ago.

Your husband is under no obligation to cooperate until ordered to do so by a court. If the mother names your husband as the father your husband may voluntarily submit to a paternity test to disprove paternity. Just becasue the ex-husband wants a paternity test does not mean you should jump to the conclusion the child is not his. If the court finds your husband is the father it could order child support and your husband could be awarded visitation. This is an unfortunate situation because no one is a winner and the 8 year old is the big loser. His father is effectively divorcing him and his mother.

 

If the divorce is over, it may be too late for the ex-husband to challenge paternity.

 

In the case of Parker v. Parker, a Florida appeals court held that a man can, against his will, be deemed a father and obliged to support a child born to his wife during their marriage, despite the fact that the two have no biological or adoptive relationship. This is true where the man does not question paternity until after the divorce is complete.

 

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Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.

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