Legal Question in Family Law in Massachusetts

Re: adjudication

If man no. 2 has signed a birth certificate and paid child support under a paternity judgment, he is the father as a matter of law. His right to contest ended the moment he was adjudicated the father. Adjudication makes one a parent in this state, not DNA. There is firm and un-movable case-law to that effect.

If he has signed the birth certificate and voluntarily paid child support but -without- a court proceeding and order, he has an outside chance (i.e., slim to none) of finding a judge who will allow him to seek an adjudication that he is not the father. I believe, though, that the law and facts would be against this, as I am not 100% sure when the law was changed to make the signing on to the birth certificate the equivalent of a judgment.

On a moral level -- if he has treated himself as "dad" and the child as his for the past 13 years, what moral right does he now have to abandon that child, put that child into painful confusion, and try to leave the child without the assistance of two parents -- when a mere "POSSIBLE" parent is no where to be found? Yes, we need to occasionally speak MORALITY when discussing the law.

Re: adjudication

If the woman was married to man #1 when she had this baby, unless man #1 said otherwise or unless man #2 signed the birth certificate, it is presumed that man #1 is the father of the child. Under MA law, the husband is always presumed to be the father.

In order to correct this, a paternity action in your local family and probate court should be started. It is not difficult. Go to the clerk and ask them for all the forms necessary to start a paternity action. They will give you the forms and you can then proceed to get a DNA test of man #2 against the child. After a hearing by the judge and after he sees the DNA analysis, he will rule that man #2 is the father.

Re: adjudication

This may be too little too late.

It also depends if there are any court orders/actions.