Fathers have the same legal rights in family law cases as mothers. Asserting that just right is what we do. Successfully. Over and over. Below, we discuss the law behind a father’s rights and outline problems that can come up. For legal advice on your specific case, please talk to our experienced fathers’ rights lawyers in Boston.
Rights of a Legal Father in Massachusetts
Being the “legal father” means you were married to the mother of your child when the child was born or conceived, or that the law recognizes you as the father after you’ve established paternity. (We discuss paternity in the next section.)
If you’re the legal father of your child, you have the same rights as the mom to fight for child custody, child support, or visitation. The court does not automatically give preference to the mother but instead decides on the “best interests of the child.” The judge will examine various factors regarding the child’s wellbeing, including the child’s relationship with you and your ability to accommodate them in your home.
To improve your chances of obtaining custody, you’ll want to show the court that you’ve been active and present as a parent, and that you’ve thoughtfully made space for your child in your post-divorce life.
In conventional family arrangements, it’s the mom who may have had a more active presence in the child’s day-to-day life, so it may be challenging for the dad to prove his parenting role. Whether or not this is your situation, a child custody lawyer can help you compile evidence and present a convincing case that you are suited to have custody.
It’s very common for family courts to grant joint custody between parents, with one parent having primary custody and the other having their share of parenting time (visitation). Parenting time isn’t always split equally. Instead, the court will approve a schedule that’s most suitable for the child. To protect your right to fair parenting time, get the help of a child custody attorney who’s experienced in fathers’ rights.
Rights of an Unmarried Father in Massachusetts
Parenting rights can get more complicated if you’re not married to the mother of your child. This means you are not legally recognized as the child’s father, thus you cannot file for child custody or child support. However, you can achieve legal parentage by establishing your paternity under Massachusetts law.
There are a couple of ways to establish your paternity. One is by filling out the Voluntary Acknowledgment of Parentage, which you and the mother must sign and notarize. If this is not possible, you may go to court to file a Complaint to Establish Paternity. This initiates a legal case in which you are the plaintiff and the mother is the defendant. The court may order genetic paternity tests to determine the outcome of the case.
An additional hurdle comes up if the mother of your child was married to someone else when the child was conceived or born. In this situation, the law presumes that the husband is the legal father of the child. Before you can establish your paternity, the husband must relinquish his paternity through an affidavit, letting go of all parental rights he has over the child. Don’t hesitate to consult a family law attorney to help you handle this delicate situation.
If your case goes well and you obtain legal paternity, you will be able to pursue your parenting rights. You can, for example, file for child custody or parenting time, even if you are not married to your child’s mother, and even if the mother is married to someone else. You may also fight for child support under the same guidelines for married or divorcing couples.
Contact Goldman Law – Top-rated Fathers’ Rights Lawyers serving the Greater Boston Area
Legal issues around parenting are complex and sensitive. As a loving father, you want an outcome that preserves your relationship with your child and is fair to you as a parent. Get the guidance of a highly competent lawyer from Goldman Law. We are a Newton-based firm with top ratings in the fields of Family Law and Divorce, and decades of experience fighting for the rights of fathers.
Get started with a consultation. Call Goldman Law today at (617) 668-1718.
