Legal Question in Family Law in North Carolina
Am located in NC. I am married woman of almost 2 years but had an affair. I have came clean t my husband about it but am pregnant. We are working on our marriage and he says he doesn't want to do a dna test and accepts the baby as his. The other man has found out that am pregnant and states he wants nothing to do with me but wants to be in the child life and wants a dna test done when the child is born. Is he able to force us to do a test?
1 Answer from Attorneys
He can't force you - at least not legally but he can petition the Court to force you. However, in this situation it would probably be a good idea to know who the father is anyway. If you do have the test done and the father is not your husband, the good news is you can hit the biological father up for child support. Inform him of that and he may want to change his mind if you would prefer him out of the picture. Keep in mind that if you keep the biological father out of the picture in this fashion you are making a major decision for your child that later down the road your child may or may not agree with. The child will never be able to get that time with the biological father back and may resent you for it and rightfully so. The better course of action would be to continue to be upfront and honest and include the biological father in the child's life if it is not your husband (assuming the biological father is a decent person).