Paternity Issues

PATERNITY QUESTIONS AND ANSWERS

ACCORDING TO MASSACHUSETTS LAW

PLEASE NOTE: The information provided is intended to give a general overview of the law in Massachusetts pertaining to various family law issues. It is not intended to establish an attorney-client relationship. If you have specific questions, you may call Attorney Jeff Karp at 617-227-3361 or email him at JKarp@newmanlegal.com.

1. How do I establish paternity in Massachusetts for my child?

A: You should file a Complaint to Establish Paternity in the Massachusetts Probate and Family Court in county in which the child is residing. You should then ask that the court order the father to undergo DNA testing to establish paternity.

2. What is the procedure in Massachusetts if I think I am the father of a child and I want to establish my paternity?

A: The procedure is the same as described in Question No. 1 above.

3. May I get child support ordered from the father of my child if paternity has not been established.

A: Generally speaking, in Massachusetts you should file a Complaint to Establish Paternity, get paternity adjudicated by the court (if the father contests paternity), and then seek child support.

4. Can a father that is adjudicated the father of a child be ordered to pay child support retroactively to the date of the child?s birth.

A: Yes. Massachusetts law does allow an award of retroactive child support under certain circumstances.

5. May I get visitation with my child if paternity has not been established.

A: Generally speaking, in Massachusetts you should file a Complaint to Establish Paternity, get paternity adjudicated by the court (if the mother contests paternity), and then seek visitation.

6. May I get custody of my child if paternity has not been established.

A: Generally speaking, in Massachusetts you should file a Complaint to Establish Paternity, get paternity adjudicated by the court (if the mother contests paternity), and then seek custody.