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  1. #1
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    Jul 2008
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    Post Wife Request Paternity for Husband and Lover

    I have been in a relationship with my husband for 9 years and married for 2. Two months after the marriage, I caught my husband with his ex in a hotel. I wanted to make my marriage work although, we separated after that incident.

    Nine months ago I caught my husband in bed with his ex.'s, niece who is 20 years old. Both had Pj's on, however, I new that it was inappropriate and it didn't feel right. Since then, they have been caught in bed several times together.

    Recently my husband told me that the young lady had a baby and she's asking him to help out with the child. He claims that the baby is not his, however I believe with my heart and soul that it is his child. Let's do the math. From September to June would make nine months = Baby.

    I would like to know if there is anyway Legaly that I can request through the courts, for both to have a paternity?

    This is my life on the line, which will affect my children and my income.

  2. #2
    Join Date
    Nov 2007
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    Officially across the country from where I've been all my life
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    4,494

    Default Re: Wife Request Paternity for Husband and Lover

    You cannot request a paternity test for a child that is not yours, nor do you have legal ties to.

  3. #3
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    Default Re: Wife Request Paternity for Husband and Lover

    Quote Quoting CourtClerk
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    You cannot request a paternity test for a child that is not yours, nor do you have legal ties to.
    Hello CourtClerk- just to bring you up to my current situation. We do have a child together and I have three son that are not his. That's why I said at the end of my post that this could affect my children. You sound a little harsh with your statment of "I should have created babies by myself". The issue is not that I want children, but that he had a child during our marriage. I plan to divorce this man. I will file for child support and alimony. I would like to prove my case of adultery which resulted in a child being born.

  4. #4
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    Default Re: Wife Request Paternity for Husband and Lover

    First of all, what you read is in my signature. It appears on everything I post, every time. If it doesn't apply to you, then disregard it, however it IS the truth.

    Now, as for this child your husband may or may not have created, as I stated earlier, this child has no legal ties to you, so you are unable to request a paternity test for a child that is not yours. Whether you want to prove adultery or not, you cannot make the parents of a child have any medical test done because you want it done.

  5. #5
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    Default Re: Wife Request Paternity for Husband and Lover

    Even if... and although...

    The court is not going to FORCE him to establish paternity so you can use it in your divorce case. In fact, the only time they will FORCE the issue of establishing paternity is if mom applies for public assistance and names HIM as the father.

  6. #6
    Join Date
    Jul 2008
    Location
    New York City
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    Question Who Gets 17% 1st

    My question involves child support in the State of:New York, If I file before the other women (paternity has not been proving, but may be in the near future) do I get the total 17% of my husband's income? or Do we both receive that amount in the event she decides to file for child support?

  7. #7
    Join Date
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    Default Re: Who Gets 17% 1st

    The first court order supercedes all others. However, IF (and that's a giant if) this child is his, he should be able to petition the court for a credit if he has to support other children.

    (Keep all your questions to one thread though.)

  8. #8
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    Jul 2008
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    New York City
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    Post Re: Wife Request Paternity for Husband and Lover

    Thank you CourtClerk for your advise. Being a first time member I did know that this was your signature. Please accept my apologies if I sounded a little upset. I guess I will leave it in God's hands and give time, time.

    One other question? Can I file for child support for my other 2 sons who my husband has supported before and after the marriage?

  9. #9
    Join Date
    Nov 2007
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    Default Re: Wife Request Paternity for Husband and Lover

    If they are not his children, he has no obligation to support them. The obligation of support lies between the legal parents of the children.

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