divorce, child by another men

[HAGAH2000]

I'm married and about to start the divorce process. We separated ( unfortunately without legal separation document) on march 2008 as i gave birth to a child by another man. We agree on all divorce issues. We would rather file for no fault divorce but i'm not sure what is the status of the baby - is this baby considered of this marriage, do I have to get DNA test to proof that my husband is not the father, - is my other option for divorce adultery and the proof would be DNA test?
thank you in advance

 

[irish223]

Some of your answers may depend on your state of residence.

Generally, your husband is the legal father of the child since birth was during marriage. Your husband and the biological father may contest that paternity through the courts. Paternity tests will be ordered, and the judge will decide.

Filing for divorce on grounds of adultery will probably not affect the paternity, so that's unnecessary.

 

[HAGAH2000]

i'm in NY - I was just thinking that if I use adultery as a reason and DNA test as proof I will have 2 things cleared - reason for divorce and paternity. What do you meant court will decide ... if the test shows who is the father i guess they can only confirm it. ... anyway - thank you very much for your answer.

best

 

[irish223]

I mean that legally your husband is the father. If he wants to remain the father of the child, then a judge may uphold his rights. Since it doesn't seem that he wants to retain his rights, then he and/or the biological father should petition for establishment of paternity.

I'm not sure that your adultery plan will accomplish what you want. It may exclude your husband as the father, but the biological father will still have to go to court to establish paternity.