Legal Question in Family Law in Massachusetts
Custody of Child by non-biological father?
My husband and I had been living apart early last year because he was having some problems with anger management. During this time I met and had an affair with another man and became pregnant.
Before I had a chance to find out that I was pregnant, my spouse came back into the picture and we sought counseling. It was not successful. I gave birth to the child, who is now 3 months old, and my spouse believes that he is the father. I had been too afraid of his temper to tell the truth.
For the last month we are having problems again and his temper has resurfaced worse than ever. I have asked for a divorce and want to bring up the fact that the baby is not his during the divorce proceeding. Ideally, I want to raise the baby on my own and to remove my spouse from the baby's birth certificate.
I've heard of cases where the judge refuses to remove the name of the presumed father from a child's birth certificate, even with DNA proof and even gives visitation rights or custody to a presumed father. Could this happen in my case?
I should add that I would not want to name the real father in a court proceeding nor do I plan to sue the real father for paternity.
1 Answer from Attorneys
Custody of Child by non-biological father?
What a mess.
You have said nothing about why you have chosen to to exclude the biological father.
You raise a complicated issue. The short answer is that during or before the divorce proceedings you can inform your husband that the child is not his. Indirectly, this benefits your spouse since he is not going to be liable for child support.
What a given judge would do on a given day is the ultimate guess. This is a matter that should be addressed confidentially between you and an attorney.
Should you wish to discuss this or have any more questions, please contact me.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
