Legal Question in Family Law in Massachusetts

Re: Friend has child with married woman

She first have to prove paternity. If he really is the father, then she can come after him for child support.

Re: Friend has child with married woman

Mr. Murry's answer is quite correct. In addition, the wife must name the husband as a possible father and exclude him.

As a practical matter, a court-ordered cheek swab on four people -- baby, mother, husband, and alleged father will tell whether either man is the actual and legal father. Yes, your friend should insist on this, through court.

One lesson to take from this: safer sex by condom makes sense. It is by no means a guarantee of avoiding such a situation, but the man who fails to regularly use condoms when having sexual intercourse with a woman is a man taking a chance of fathering a child.

Re: Friend has child with married woman

There is a rebuttable presumption a child born during a marriage is a child of the marriage.

But the presumption may be rebutted by evidence such as the DNA test that someone other than her husband is the Father. Your friend should retain an attorney to be sure the test results positively identify him and him alone as the Father, in which case he will be ordered by the Court to pay child support until the child is emancipated which could be until the child is 23 years old, if a full time student.