Ifa husband and wife agree thata child born during the separation is not the husband’s, is there a need for paternity test?

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Ifa husband and wife agree thata child born during the separation is not the husband’s, is there a need for paternity test?

Or will an affidavit of husband denying paternity of child be enough with the no fault, no children paperwork? Wife does not deny it’s not his child.

Asked on July 21, 2011 North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The laws differ from state to state but generally speaking, the courts will assume that a child born during a marriage is a product of the marriage unless there is evidence to the contrary.  That can be a DNA test or in some states an affidavit of non-paternity will suffice.  However, here is the problem: the courts ant to insure that the child is supported properly in the event of a divorce.  So while an affidavit of non-paternity helps, an affidavit from the father accepting paternity is best for you in the absence of a DNA test.  Please get help from an attorney of your area in the matter.  Good luck.


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