Legal Question in Family Law in Louisiana

Child paternity.

A married couple had a child 4 years ago.

The wife had an affair during the period when the child was conceived.

The family of the man who she had the affair with believes the child is theirs and wants to see the child.

They want to get an attorney involved. Can they do anything? Can they force the married couple to have a paternity test taken on the child?


Asked on 11/19/03, 10:40 am

2 Answers from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Child paternity.

My opinion is no, unless either of the married couple is willing to consent to it.

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Answered on 11/19/03, 10:56 am
Steve LeBlanc Steve LeBlanc, Ltd., (APLC)

Re: Child paternity.

In La. the husband of the mother is presumed to be the father of the child. If he doesn't believe he is the father, he has a very short time to disavow paternity, like 180 days after the birth of the child. If he doesn't do that timely, its his child and there's nothing he can do. La. law favors legitimacy and protecting the children, rather than the parents, or alleged parents.

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Answered on 11/19/03, 8:22 pm


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