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.
If this answer was helpful please press ACCEPT so I may be paid.
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).