Establishing the father of a child is an important legal process for many reasons. For instance, if a mother and father were not married when the mother gave birth, she might need to establish that a specific man was the father to receive child support. Meanwhile, a man may wish to legally establish paternity to secure the right to be present in the child’s life.
If a child is born to a married mother in Massachusetts, however, the husband is presumed to be the biological father. There are methods both in and out of court to correct the parentage, including filing a complaint to establish paternity.
Regardless of the circumstances, if you need to establish your child’s legal parentage, you need to bring an action in court. A Boston paternity lawyer could guide you through the process and help you get a legal declaration of your child’s parentage. Our dedicated family attorneys are ready to help you.
Voluntary Acknowledgment of Paternity
When a child is born in a Boston hospital, the parents could sign an Acknowledgment of Parentage form. According to Massachusetts General Law 290C §2, the parents’ acknowledgment becomes legally enforceable if neither parent attempts to rescind the form within 60 days.
Legal recognition as a child’s parent grants visitation rights, creates an obligation to support a child, and allows a child to inherit assets or property from a parent. However, unmarried mothers retain sole physical and legal custody by default, meaning a child will live with them, and the mother will have decision-making authority over a child. A court can alter either of these forms of custody if a father or another party can show that doing so is in the child’s best interests.
An attorney in Boston could advise a parent about the legal implications of voluntarily acknowledging paternity. Once the 60-day window for rescinding an Acknowledgment of Parentage has passed, a father is bound even if information emerges later proving someone else was the child’s father. Securing proof of fathership through a DNA test could be a sensible alternative to acknowledging paternity.
Seeking an Order of Paternity
If a mother seeks support for a child from a man who has not acknowledged fathering the child, she must go to her local Probate and Family Court to get an Order of Paternity. A seasoned lawyer in Boston can help file a Complaint to Establish Paternity, initiating the process.
If a father disputes parentage, the mother may present evidence to persuade a court to order a man to take a DNA test (although paternity may also be established through testimony). If a court orders a test and the man refuses to take it, a court could use a refusal as evidence of paternity and presume that the man is the father.
If a DNA test indicates that the man is the child’s father (or parentage is otherwise established), a court may order him to pay child support. The amount of support depends on both parents’ income and ability to pay. Notably, a court could order a father to pay child support retroactively, going backwards towards a child’s birth.
Determining the Best Interests of a Child
In almost all cases involving children, a child’s best interest governs a court’s decision. The right to having two legal parents and receiving adequate support for basic needs are rights belonging to a child, not to either parent.
Sometimes, a child’s best interest dictates that even a man who is not a biological father must pay child support. In a divorce, for example, a man might ask for a paternity test if he questions whether he is the father of a child. Even if a judge requests a test and confirms that the husband is not a child’s biological father, a judge could consider it in a child’s best interest for the husband to pay child support, particularly if the husband has been supporting the child for a lengthy period of time. A Boston attorney could guide anyone navigating a difficult paternity and child support situation.
Enlist the Help of a Boston Paternity Attorney
Issues surrounding paternity can arise in multiple contexts. If you are seeking to establish your legal parentage or someone else’s, you should consult with a Boston paternity lawyer. With their help, you could determine legal rights regarding a child. There is no benefit in delaying answers to paternity questions. Reach out today to speak with an experienced legal representative.
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