Q. I am in the process of finalizing my divorce. The divorce was precipitated by the fact that I had an affair and became pregnant by another man. My husband had testicular cancer and is infertile, so he knew the baby was not his. I wanted to make the marriage work, but he refused.

We mediated our case and signed the divorce agreement, and our hearing is scheduled for January. Meanwhile, my child is now two months old has a blank spot for the second parent name on his birth certificate because I did not know what to do when he was born.

What should I do now? My husband denies the child is his, and the man I had an affair with is also not acknowledging the baby.

A. Because your child was born during your marriage, by law, he is considered a child of the marriage. Your husband should have requested a clause which specifically deemed your son not a child of the marriage in your divorce agreement or he could be on the hook for paying child support. It may be this clause is already in place, but I cannot tell from your question. If it is not in place, you can expect that during the colloquy at your divorce hearing, the judge will ask whether any children were born during your marriage or whether you are pregnant.  When you say you have a child, if there is not a provision in the agreement addressing your child, your divorce agreement could be rejected until you revise it to address support for your child.

As for a father for your child, you should file a paternity case against the man with whom you had the affair if you want his name on the birth certificate.  But ask yourself why you want his name added.  Are seeking child support? Your child is certainly entitled to be supported by both parents but just realize by starting a paternity action, he will likely ask for parenting time. Is this man who is denying the child someone you want in your son’s life?  If the answer is that you need the support or you believe your son is entitled to a birth certificate which includes the names of both biological parents, Massachusetts General Laws Chapter 209C sets out the rules and process for filing a paternity action in Massachusetts.

Email questions to whickey@brickjones.com