Paternity

The law in Massachusetts pertaining to nonmarital children (i.e., children born outside of a marriage) allows for the determination of paternity and, if paternity is found, for setting child support, visitation, and custody rights for the children.

A man who is believed to be the father of a child born outside of a marriage may only become a legal parent in one of two ways. First, file a Complaint to Establish Paternity (in the applicable Probate and Family Court, District Court, or Juvenile Court) and that Court will adjudicate paternity usually via DNA testing. Or, the second way is by filing with one of those Courts (or with the city/town where the child was born or with the Massachusetts Registrar of Vital Records) a voluntary acknowledgment of paternity signed by both parents.

Prior to paternity being legally established, the child’s mother automatically has sole physical and legal custody. She continues to have sole legal and physical custody even after paternity is established until it modified by a Court (or a voluntary acknowledgment of paternity signed by both parents is filed)

But, assuming the father is fit to be a parent, once paternity is established he has a constitutional right to parent and maintain a relationship with his child.

Paternity actions may have far reaching financial and emotional ramifications for both parents and the children. For example, under certain circumstances, Massachusetts law allows an award of retroactive child support to the mother since the date of the child’s birth. Put Attorney Karp’s skills and experience to work for you today. You may call or email him for a free initial telephone consultation.