Legal Question in Family Law in New York

If you had a sexual relationship with him and he is able to establish this relationship in court, then yes, he will be able to obtain a DNA test (as it is, it is less common for a man to claim a child is his than claim the child is not).

Regarding your marriage, that is something that you would have to deal with together with your husband, and not so much a matter of law. I don't mean to sound harsh, but you have to take responsibility for your actions. What happens between yourself and your husband is up to the two of you. Best of luck.

This is a very difficult case. I would oppose the DNA test and opt to remain silent on the issue of the affair. According to law a child born of the marriage is presumed to be the child of the marriage (your husband's child). This other man will need to prove that a relationship in fact occurred - text messages, photographs, etc. If he can establish this only then can the court grant a DNA test (although the courts sometimes do not follow the law in this). This prospective father will also have to pay child support and he may be dissuaded from pursing paternity in court if it is going to cost him child support for the next 20 years. You will need a lawyer to assist you with this matter.