A complex divorce case in Massachusetts has raised questions about paternity and child support after a mother revealed her husband is not the biological father of her child. The woman, currently finalizing her divorce, became pregnant during an affair with another man while her husband was battling testicular cancer and infertility.
The couple has signed a divorce agreement, with their hearing scheduled for January. The child, now two months old, currently has no second parent listed on the birth certificate, complicating matters further. The husband has openly denied paternity, while the biological father is also not acknowledging the child.
Under Massachusetts law, children born during a marriage are considered to be children of that marriage, regardless of biological connections. If the husband did not include a clause in the divorce agreement explicitly stating that the child is not his, he may face obligations for child support.
During the divorce hearing, the judge will likely inquire about any children born during the marriage. If the divorce agreement fails to address the child’s status, this could lead to complications or even a rejection of the agreement until issues surrounding child support are resolved.
For the mother, the immediate concern is determining the child’s paternity and the implications of adding the father’s name to the birth certificate. To pursue this, she may need to file a paternity action against the man with whom she had the affair. However, this decision carries potential ramifications, such as the biological father seeking parenting rights, which could affect the child’s life significantly.
The mother must consider whether she seeks child support or simply wishes for her child to have both biological parents recognized on the birth certificate. The legal framework for such actions in Massachusetts is outlined in the Massachusetts General Laws Chapter 209C, which details the process for establishing paternity.
Navigating this situation requires careful thought. It is advisable for the mother to consult with a legal expert to explore her options and ensure that her child’s rights are protected.
