Legal Question in Family Law in Massachusetts

Biological Fathers Legal Responsibilities

If a sixteen year old child suddenly claims that she is your daughter and that her mother never told you because she did not want anything to do with you, will you have a financial responsibility to the child by law if a paternity test proves that you are the parent?


Asked on 8/03/04, 5:03 pm

2 Answers from Attorneys

Barbara C. Johnson Law Office of Barbara C. Johnson

Re: Biological Fathers Legal Responsibilities

Maybe not. A concept called "laches" might play a role here!! Serious delay and serious prejudice to you caused by the extreme delay.

If there had been a court order 16 years ago commanding you to pay child support and you had not paid it, you would be responsible.

Here, however, there has been no court order.

Also, child support is paid to the custodial parent to support the child. Often the money is used for mom's hair salon and her clothes and not for the child, but there is no accountability.

In other words, there is no obligation to the child -- despite all the rhetoric. There is only the financial obligation to the woman with whom you mated.

Here you are saying the child wants the money. You are not saying that the mother seeks it. There is a difference.

To give you a better answer, I'd have to research the issue, since I haven't looked at it in a long while. But I think it would be one helluva case!

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Answered on 9/02/04, 1:15 am
Joseph Murray Joseph M. Murray, Esq.

Re: Biological Fathers Legal Responsibilities

Yes.

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Answered on 8/03/04, 5:16 pm


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