Paternity is a person’s legal fatherhood of a child. Paternity issues come up when a child is born out of wedlock and either parent wants to claim their parental rights. If you’d like to know more, read ahead in this article. If you’re a dad or a mom already trying to work out paternity issues in Massachusetts, we can help right now. Our Family Law attorneys at Goldman LLC are top-rated in their field, with over 25 years of combined experience under their belt. We’re eager to use our skills and experience to help you assert your parental rights.
Schedule your confidential consultation with Goldman Law. Call us today at (617) 668-1718.
Paternity Law Services from Goldman Law
To set the stage, let’s say a father wants to gain custody of his child, or maybe an unmarried mother hopes to receive child support from the other parent. Before they can pursue any of these actions, they must establish paternity in court. At Goldman Law, we have helped numerous mothers and fathers secure their individual parental rights.These are some of the services we provide:
- Guiding and assisting clients through every step of their paternity case
- Handling paternity claims and affidavits when the mother is married to someone else
- Getting out-of-state paternity results recognized in Massachusetts
- Claiming child custody, child support, or both as an unwed parent.
No matter how complicated your situation is, we’re ready to listen and see how we can be of service to you. Call Goldman Law at (617) 668-1718 today.
How Do I Establish Paternity in Massachusetts?
There are two ways to establish paternity in Massachusetts: by signing a parentage acknowledgment form, or by filing a paternity case in court.
Here are the basic steps to establish paternity through a parentage acknowledgment form:
- Both parents must fill out and sign a “Voluntary Acknowledgment of Parentage” form at any of these places: the hospital (at the time of birth), the Clerk’s Office in your city or town, or the Registry of Vital Records and Statistics.
- Have the parents’ signatures notarized, then submit the notarized form to the office where you requested it.
- There will be a 60-day period to allow for rescindment (cancellation) of the acknowledgment. If neither party rescinds after 60 days, the parentage form becomes legally binding. This means that the parents indicated in the form are now the legal mother and father of the child.
There are many situations where it’s not possible for both parents to sign the acknowledgment of parentage. In this scenario, you will have to file a case in court to establish paternity. We discuss the steps below.
How Do I File a Paternity Case in Massachusetts?
To file for paternity in Massachusetts court, you must file a “Complaint to Establish Paternity” at the Probate and Family Court in the appropriate county. The county should be where either or both parents reside, or where the child is located. In Middlesex County, for example, the Probate and Family Court is located at 10-U, Commerce Way, Woburn, Massachusetts 01801.
The Complaint to Establish Paternity form lets you request legal parentage as well as child support, child custody, parenting time (visitation), or all of these. Check all the boxes that apply to your request.
Prepare a copy of the child’s birth certificate to go with your Complaint. The birth certificate does not have to state the alleged father’s name.
At the courthouse, you will also be asked to fill out an Affidavit of Care and Custody, wherein you disclose whether there are any existing or pending court orders regarding your child.
The paternity complaint filing in Massachusetts comes with a $100 filing fee plus a $15 surcharge.
Your filing will initiate a paternity case, also known as a parentage case. You and the other parent may come to a settlement to resolve the case faster, but if not, your case will go to trial to have the judge determine the outcome.
Paternity Process: What Happens in a Massachusetts Paternity Case?
This is the general court process in a parentage action in Massachusetts:
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- Complaint and service. Once you’ve filed your paternity complaint (as we explained above), you become the “plaintiff” in the case and the other parent is the “defendant.” You must serve (deliver) the papers to the defendant following Massachusetts service rules.
- Response. From the date of service, the defendant has 20 days to file a response. If they fail to do so, the judge may likely grant all the requests you made in your paternity complaint.
- Status conference and pretrial conference. If the defendant has responded to your complaint, the court will schedule your initial court dates. These will include a status conference where the court gets a clear picture of the family situation; and a pretrial conference, where you and the defendant will meet, along with your lawyers, to discuss a potential settlement.
If you and the defendant agree on a settlement, you may submit your signed agreement for the judge to approve. But if a settlement is not possible, the case will proceed to trial.
- Paternity trial. During trial, the judge will order a DNA paternity test with samples from the biological mother, the alleged father, and the child. The DNA result will likely be the basis of the child’s legal parentage. In some cases, however, a DNA test may not be feasible – for example, if the alleged dad does not appear in court. In such a case, the judge will consider other evidence and testimony to decide on paternity.
Whether or not you are going through a paternity trial, it’s important to have a competent Family Law attorney on your side. A paternity case is much more than just DNA test results – it involves the rights and responsibilities of each parent, all of which could be contested. Consult with us at Goldman Law for sound legal guidance regarding your situation.
How Are Paternity DNA Tests Done in Massachusetts?
The most common method to do a paternity test in Massachusetts is called the buccal swab. In this method, laboratory personnel will swipe a cotton swab on the inside of your cheek (in your mouth) to get a tissue sample from you. They will do the same with the child. The lab will then compare “genetic markers” from all tissue samples. Biological family members will show shared genetic markers.
Buccal swabs and other DNA testing methods are quick, painless, and sufficiently accurate.
Who Pays for a Paternity DNA Test in Massachusetts?
Any of the parties may voluntarily pay for DNA testing in Massachusetts. If the DNA test establishes that the alleged father is indeed the biological father, the court may require him to pay for the test. But if the results say otherwise, the family may approach the Massachusetts Department of Revenue (DOR) for assistance in paying for the DNA test.
How Do I Establish Paternity If the Mother is Married to Someone Else?
Under Massachusetts law, a man is legally presumed to be the father of a child if he was married to the mother during the child’s conception or birth. What if you are the biological father of the child but the mom’s husband is someone else? Before you can establish your legal parentage, the mom and her husband must sign an “Affidavit of Non-Paternity.” This form is an acknowledgment that the mom’s husband is not the father of the child.
Having an attorney can be helpful in this delicate situation. Talk to us at Goldman Law to see what we can do for you.
Contact Goldman Law – Top-rated Paternity Lawyers serving the Greater Boston Area
Goldman Law works with fathers and mothers who hope for a smooth paternity case with favorable outcomes. Our priority is securing your parental rights while helping preserve your ideal relationship with your child. To do this, we apply not only our decades of legal experience and skills, but also our personal sensitivity in understanding complex family dynamics.
Get started by scheduling your confidential consultation. Call Goldman Law today at (617) 668-1718.
