Offest is Demanding a Paternity Test for Youngest Son with Cardi B

Most people assume paternity is settled the moment a child is born. If you were married, the husband is the father. If you were not, the birth certificate tells the story. It is rarely that simple, and the ongoing divorce between Cardi B and Offset is a high-profile reminder of why.

According to court records obtained by TMZ, Offset requested DNA testing on one of Cardi B's children during their divorce proceedings in early 2026. A judge denied one request but granted another related to a different child. The situation is complicated by the fact that Cardi B had a child with NFL wide receiver Stefon Diggs while the divorce was still pending.

You do not have to be a celebrity for these questions to surface in your own case. Paternity disputes, custody during contested divorces, and the legal status of children born outside a marriage are real issues New Mexico family courts deal with regularly.

How Does Paternity Work in New Mexico?

In New Mexico, when a child is born to a married couple, the law presumes the husband is the legal father. This is known as the presumption of paternity, and it exists whether or not the husband is the biological father. That presumption has legal force and must be formally challenged in court to overcome.

When a child is born outside of marriage, paternity can be established in one of two ways. The first is a Voluntary Acknowledgment of Paternity, a form both parents sign at the hospital or later through the New Mexico Vital Records Office. The second is through a court order following genetic testing, which can be initiated by either parent or by the New Mexico Child Support Enforcement Division.

Once paternity is legally established, the father has the same rights and responsibilities as any other legal parent, including the right to seek custody or parenting time and the obligation to pay child support.

Questions about paternity or custody in New Mexico?

Genus Law Group handles complex custody and paternity matters throughout Albuquerque and Las Cruces. Call us to speak with a New Mexico family law attorney.

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Can a Court Order a DNA Test During a Divorce in New Mexico?

Yes. If paternity is genuinely in dispute during divorce proceedings, a New Mexico family court has authority to order genetic testing. This is exactly what Offset requested, and what the court partially granted.

A judge will not order a DNA test simply because one party asks. There must be a legitimate basis to question paternity. The court weighs the child's best interests, the existing presumption of paternity, and the potential impact on the child of disrupting an established parental relationship.

In New Mexico, if a man has acted as a child's father, supported the child financially, and maintained a parental bond, courts are sometimes reluctant to sever that relationship even when DNA says otherwise. The law recognizes both biological parentage and what is sometimes called psychological or presumed parentage. These situations require careful legal navigation.

What Happens to Custody When a Child Is Born During Divorce Proceedings?

This is where the Cardi B and Offset situation gets legally interesting. When a divorce is filed but not yet final, the parties are still technically married. Under New Mexico's presumption of paternity, a child born during that window is presumed to be the husband's child, even if both parties know otherwise.

Overcoming that presumption requires a formal court action. If the biological father wants to be recognized, or if the mother or husband wants the presumption rebutted, someone has to petition the court and the matter has to be adjudicated. It does not resolve itself automatically just because the parties separate or because another man is known to be the biological father.

Until paternity is legally settled, custody, parenting time, and child support for that child remain legally uncertain. Courts can issue temporary orders to address the child's needs in the meantime, but the underlying parentage issue has to be resolved before a permanent custody order can be entered.

How Does New Mexico Determine Custody When Paternity Is Disputed?

New Mexico courts use the best interests of the child standard under NMSA 1978, Section 40-4-9 for all custody decisions. When paternity is disputed, the court cannot finalize a custody arrangement for that child until legal parentage is established.

Once paternity is confirmed, the court evaluates custody using the same factors it would in any case:

The child's relationship with each parent and any siblings
Each parent's ability to meet the child's physical, emotional, and developmental needs
The stability of each parent's home environment
Any history of domestic violence or substance abuse
The child's adjustment to home, school, and community
The willingness of each parent to support the child's relationship with the other parent

In Albuquerque, these cases are heard in the Second Judicial District Court. In Las Cruces, they go through the Third Judicial District Court. The process is the same regardless of whether the parents were married, but the paternity question must be resolved first.

What Can New Mexico Parents Learn from High-Profile Divorce Cases?

Celebrity divorces play out publicly in ways most people's do not, but the underlying legal issues are identical. A few takeaways apply directly to anyone navigating a custody or divorce case in New Mexico.

Paternity questions do not resolve on their own. If there is any uncertainty about a child's legal father, the sooner you address it through proper legal channels, the better. Waiting allows the situation to become more complicated, not less.

Children born during a pending divorce are subject to the presumption of paternity. If you or your spouse have had a child with someone else while a divorce is pending, that presumption applies and must be formally addressed in your case.

Temporary orders matter. During a divorce, courts can issue temporary custody and support orders that govern how things work until the case is finalized. If a paternity dispute is involved, getting proper temporary orders in place protects the child and clarifies each parent's rights and responsibilities in the interim.

Your attorney needs the full picture. Cases involving disputed paternity, children born outside the marriage, or children from multiple relationships are legally complex. Your attorney cannot advise you properly if they do not have all the facts.

What Should You Do If Paternity Is in Question in Your New Mexico Case?

The first step is not a DNA test. The first step is talking to a family law attorney who understands how New Mexico handles parentage disputes within the context of divorce or custody proceedings.

You need to understand what presumptions apply to your situation, what legal steps are required to establish or challenge paternity, and how that process will affect the broader custody and support issues in your case. Acting without that guidance can create legal complications that are difficult and expensive to unravel later.

Dealing with a paternity dispute or complex custody situation in New Mexico?

Attorney Anthony Spratley at Genus Law Group brings 20+ years of legal and military discipline to family law cases throughout Albuquerque and Las Cruces. We will help you understand your rights and protect your relationship with your child.