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Is my husband responsible for my child who was conceived during our marriage?

Tagged as: Breaking up, Family<< Previous question   Next question >>
Question - (19 February 2009) 4 Answers - (Newest, 3 March 2009)
A female United States age 41-50, *onfusedin09 writes:

I had an affair and became pregnant. I need to find out what the laws are in massachusetts, pertaining to custody. I know for sure that this child is not my husbands but the guy I cheated with. I need to find out if legally my husband is responsible for this child because it was conceived during the marriage. The other guy i sthreatening to take me to court so he can have a relationship with the baby. I do want him to be involved, but someone said that legally my husband will be the father. I need to find out what to do so my husband does not get stuck having to pay fr a child that is not his. My husband has already started the divorce process and I am very confused on what to do. I already hurt him enough, he does not need the extra responsibility of raising a child that is not his.

So if anyone knows if legally my husband will be considered the father or any web sites that you think may help. I would greatly appreciate it.

I want to say i know what I did was wrong and I am truly sorry for it. And can honestly say I will NEVER cheat on anyone again =(

View related questions: affair, conceive, divorce

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A female reader, anonymous, writes (3 March 2009):

Listen to the lawyers on this one; "common sense" answers from regular people are not reliable in this case.

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A male reader, gumbbo United Kingdom +, writes (19 February 2009):

I can't imagine that a man would have to pay for a child that was not fathered by him. But i don't know the laws over their, but if it is the case they are pretty screwed up.

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A female reader, Tisha-1 United States +, writes (19 February 2009):

Tisha-1 agony auntI haven't used it or seen it in action, but I did see someone post this website: www.lawguru.com. I've tried to do a search using "Massachusetts" and "Family Law, Divorce,..." as the parameters. There seems to be about 1900 questions in that area there. Perhaps something in there will address your concerns.

You do need to see an attorney anyway, if you are going through a complicated divorce, which is sounds as though you are. So maybe you just need to find one; a divorced friend could probably refer you to someone if you don't know where to go.

Good luck.

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A male reader, Gate85 United States +, writes (19 February 2009):

I'm a lawyer...in NY, however. In most jurisdictions, a child conceived during a marriage is presumed to be the child of the husband. You will likely have to bring a paternity action and get the equivalent of what we in NY call an Order of Filiation declaring this other person to be the father. You should consult a MA attorney to get the specifics of how it works in your state but that's the upshot of your situation.

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