Legal Question in Family Law in Massachusetts

what are my rights if the woman that is having my child is married to another man and they are not divorced


Asked on 10/14/10, 5:33 am

1 Answer from Attorneys

Alan Pransky Law Office of Alan J. Pransky

In theory, you have the same rights as any other father. Your difficulty will be in establishing your rights. As the husband of the woman, he is presumed to be the father. You have the right to file an action to establish your paternity. If the woman's husband opposes the action, the court is likely to look for an excuse to throw your case out of court. If the woman denies having a sexual relationship with you, the court may not allow you to have DNA testing and may dismiss the case. If you do establish paternity, you will have to pay child support for the next 18-23 years. In addition, you may pay other costs such as college.

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Answered on 10/19/10, 5:49 am


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