Legal Question in Family Law in Massachusetts

Re: pregnant!

Oh, goodness...you have some threads to untangle.

your husband is presumed the father of the child under law.

You must file a paternity action against the current partner and also name the husband so that the court can order genetic testing of both men, the baby, and yourself after birth. Alternatively, if your divorce is near to completion, you can at the very least agree that the husband is not the father of the unborn child, which will almost certainly keep him from being brought into the case later (the current partner, if he were cranky, could still ask that he be tested if the current partner chose to contest paternity).

If both current husband and current partner are both on the same page here, and current partner is happy to accept parentage, you can (after the baby is born) do all of this cooperatively.

Please feel free to contact me for further advice. If you already have an attorney for your divorce, you should definitely discuss this with him or her.

Re: pregnant!

While there is a presumption that a baby is the child of both married parents, in this case a husband can challenge the parentage and seek to have no responsiblity. The courts are likely to grant that unless of course he is shown to be the parent.

Your current partner will be required to support the child, assuming he accepts parentage or you prove he is the father.

I am not sure why you are separated, but I would expect the marriage to move into divorce.