How Can I Prevent My Husband From Forcing My Lover to Take a Paternity Test??

Full question:

I am married and had a child with my lover (who is a US citizen but lives abroad). my husband has doubts about the paternity of the child and might ask for a DNA test. my lover does not want to be involved in any way in rearing or sustaining the child and I agree with him. is there any legal document he and I can draft that will exonerate him with certainty from any obligation towards the child? can he be forced to undergo a paternity test, and with what consequences if he is found to be the father of my child?

• Category: Paternity
• Subcategory: DNA Test
• Date: 04/07/2025
• State: Massachusetts

Answer:

The most common way to terminate a parent's rights is by voluntary relinquishment. If the other parent has a new spouse who is willing to adopt the child and completes the adoption process and if you agree, the court may terminate your parental rights and therefore terminate your parental obligations. A parent may also have rights terminated, either by voluntary relinquishment or judicial termination. A judicial termination requires proof that the parent is unfit and/or poses a threat of harm to the child. The court may order termination of the parent-child relationship if the court finds by clear and convincing evidence that the parent engaged in conduct or knowingly placed the child with persons who engaged in conduct which endangers the physical or emotional well-being of the child, or the parent is convicted an a child abuse offense. A termination of parental rights voids any rights and obligations toward the child. The parent will no longer have rights to custody or visitation and will no longer owe a duty of support.

Termination of parental rights will typically end the obligation for child support at that point, but not erase liability for past due support. Often, relinquishment of parental rights will not be allowed if done for the purpose of avoiding child support payments. If voluntary termination is petitioned for, the mother will be required to receive notice and may express her lack of consent at the hearing. The answer will be a matter of determination for the court, based on all the circumstances involved, such as proof of paternity. It may also be possible to request a restraining order from the court to prevent contact. The overall consideration for the court is the best interests of the child. We suggest you contact a local attorney who can review all the facts and documents involved.

Parents are legally obligated to provide their children with all the necessities of life. The failure of parents to marry does not affect their responsibility to support their children. If parents are unmarried and cannot agree upon how much each should contribute toward the support of their children, the courts may decide. A court can order one parent to make specified payments to the other for child support. State laws provide that biological parents make all the decisions involving their children, including education, health care, and religious upbringing. Parents are not required to secure the legal right to make these decisions if they are married and are listed on the child's birth certificate. However, if there is disagreement about who has the right to make these decisions courts can decide.

In most states, a paternity action takes the form of a civil lawsuit. Only certain persons or parties have legal standing to bring a paternity action, including the mother of the child; the mother of an expected child; a man alleging that he is the biological father of a child; a man alleging that he is the biological father of an expected child; the child; a personal representative of the child; the mother and father of a child (a voluntary action filed together); the mother and father of an expected child (a voluntary action filed together); a state social service agency, interceding in cases of child neglect or need; and a prosecutor's office, interceding in cases of child neglect or need. An action for paternity may be filed by the child. In many states, after a child reaches the "age of majority," he has another one to five years to seek the establishment of paternity. Upon the order of a court in North Carolina, if an action to determine parentage is filed and it is determined that a certain individual is the father of the minor child(ren) and that determination contradicts the child's birth certificate, a new birth certificate will be issued reflecting the father as established in the court order.

A court will not automatically order paternity tests simply because a paternity action has been filed. It will review the petition to determine if there is sufficient information contained therein to warrant or justify the compelling of such a test. If the court orders a paternity test, the mother, child, and alleged father will all be tested at a court-designated facility. A court determination of paternity is final, and a copy of the court's order will be needed to establish the child's rights, both present and future.