Legal Question in Family Law in Massachusetts

Re: I am being accused of being the father

As the summons says, you have 21 days from the date you were served to file a response, which can be a motion to dismiss or an answer raising the issues you noted. You do not say what court the action is in, but the chances are this woman is on welfare and was required by the MA DOR (Dept. of Revenue) to pursue the father for child support. You can ask for a paternity test, which you might have to pay for initially (about $500 total). She will have to make the child available for taking a tissue sample (cheek swab). She should also submit a sample to make the test results better. You will be able to submit a tissue sample in FL.

If you ignore the summons, the court will find you the father by default and order child support, which will have to be enforced by FL authorities by federal law.

You definitely should retain a MA lawyer. I am available, depending on where the action is pending in MA. I charge a flat fee of $650 plus costs (the test is likely to be the only cost), and I have done several of these cases in my 33 years as a MA lawyer. You can try communicating on your own with the lawyer who filed the action, if any, but of course they hear these stories all the time.

Call if you want to discuss this further: 508=755-1538.

If your story is true, and confirmed by the paternity test, you can ask the court to order her to pay attorney's fees and the costs for the test, but if she's on welfare, you are unlikely to receive any money.

Re: I am being accused of being the father

Dear Sir: The court does not investigate to determine who the father is, they don't have time. From what you say, this is a mistaken identity and unfortunately, it will be upon you to prove your not that person. Does this woman have an attorney? If so, try contacting the attorney. You may have to get an attorney in Mass to clear this unfortunate situation up. If this woman filed a completely frivolous suit, you may be able to receive your attorney fees back. In any event, you cannot ignore a court order... Again, if this woman has an attorney contact him/her and send them your papers regarding your vasectomy, but remember not all vasectomies are successful.

You could also try answering the complaint and ask that this matter be dismissed based on your side of the facts. Again, you may have to retain a Mass attorney to clear this up, that way they can file the answer and ask for a dismissal. Good luck. Sincerely, Maria Murber