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Can another man sue an already married woman for a paternity test? North Carolina

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  • Can another man sue an already married woman for a paternity test? North Carolina

    OK My question is, if a woman is married, and has a child while she is married, can a outside party, or another man sue her for a paternity test and custody in the state of NC?

    What basically happened was that a friend of mine got pregnant while she was married. Now another man that is not her husband is harrassing her and telling her he is going to sue her for paternity and take her kid. She was married when she got pregnant, and was married when she delivered her child, but this outside guy is basically trying the ruin her marriage due to the fact that she told one of his friends wives, that his friend was cheating on her.... So, is he allowed to do this?

  • #2
    He can legally attempt to establish himself as Father by getting a court order for paternity test. If he is successful in getting court order and test proves he is Father then he can pursue issues like custody, visitation and support. He will not be likely able to wrest custody from Mom though
    http://www.parentnook.com/forum/

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    • #3
      Originally posted by panther10758 View Post
      He can legally attempt to establish himself as Father by getting a court order for paternity test. If he is successful in getting court order and test proves he is Father then he can pursue issues like custody, visitation and support. He will not be likely able to wrest custody from Mom though
      So even though she is still married and the child was concieved and delivered while she's married, he can still do such a thing? I thought there would be some sort of law to protect a marriage...

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      • #4
        Who protects the Father who had his child stolen? All I said was that this other man can try to get a court order to establish paternity. If he gets order then Mom must abide by order. Then (if) child is his he can then seek his parental rights to custody, visitation and, support as they apply. I understand your concern but Mom is one who had sex outside of her marriage. If that is not the case then Mom should solve problem take test prove he did not cheat and move on
        http://www.parentnook.com/forum/

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        • #5
          wow....chill. I was only asking a simple question, and if you had read the above post, you would've saw that she did not in fact sleep with this guy, he is just trying to stir up drama and ruin her marriage.

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          • #6
            Then Mom can tell him to go file what he needs to the test will prove otherwise and issue will be over. The fool will be caught in his lie and the couple can move forward. couples face obstacles all the time. I know I had an Ex who nearly broke me and my wife up. We got past it moved forward. Its about trust if the couple ha sno trust this can be a problem if the trust is there then they will get past this and be stronger
            http://www.parentnook.com/forum/

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            • #7
              Actually, an intact marriage can rebut a challenge to paternity in some States.

              (Granted, I haven't checked OP's state - but it might be possible)

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              • #8
                Originally posted by ProudMommy1311 View Post
                OK My question is, if a woman is married, and has a child while she is married, can a outside party, or another man sue her for a paternity test and custody in the state of NC?

                What basically happened was that a friend of mine got pregnant while she was married. Now another man that is not her husband is harrassing her and telling her he is going to sue her for paternity and take her kid. She was married when she got pregnant, and was married when she delivered her child, but this outside guy is basically trying the ruin her marriage due to the fact that she told one of his friends wives, that his friend was cheating on her.... So, is he allowed to do this?
                Your friend needs to ask herself a very important question. Did she or did she not have consentual sex with this man? If so, then he has a leg to stand on. If not, she can get a restraining order as his harassment is endangering her marriage.
                I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
                Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
                I also may not have been either sane or sober when I wrote it down.
                Don't worry, be happy.

                http://www.rcfp.org/taping/index.html is a good resource!

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                • #9
                  If she didn't have relations with him, why not just take the test? She knows the outcome, it will prove her confidence on the issue, and it will put the issue to rest forever. Trying to avoid taking a test that will irrefutably decide the issue makes her seem suspicious.

                  I don't know the state laws, but given the really unfortunate statistics on infidelity I can't imagine marriage being used as a defense anymore.

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                  • #10
                    In NC, the husband is presumed to be the father of the child born in wedlock.
                    Bob Bollinger, Attorney
                    Board Certified Specialist in NC Workers' Compensation Law
                    Charlotte, NC

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                    • #11
                      Originally posted by complwyr View Post
                      In NC, the husband is presumed to be the father of the child born in wedlock.


                      I think that has been established in this thread.

                      The question was whether an intact marriage can rebut a challenge to the legal or presumed paternity.

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                      • #12
                        Court can force her to do it. And then your objective is to choose the most reliable dna service (my friend used this one for paternity question but they had a little bit another situation). But, try to think not only about yourself. Why this woman decided that you shouldn't have known that you're the father. Will your baby happier with you than in his family. Don't disturb them.

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                        • #13
                          You do realize that this thread is 5 years old, right?
                          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                          • #14
                            It was a likely spam post as there was a link in post I removed
                            http://www.parentnook.com/forum/

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                            • #15
                              Ah. Thanks, panther.
                              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                              Comment

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