Legal Question in Family Law in Massachusetts
If a child is born out of wedlock, does that mean the mother has sole legal custody even if the father signed the birth cert?
Asked on 9/23/10, 5:31 am
2 Answers from Attorneys
Alan Pransky
Law Office of Alan J. Pransky
Wihtout a court order, you have joint legal custody with the father.
Answered on 9/28/10, 5:56 am
Sarah De Oliveira
S. De Oliveira Law, LLC
Actually, without a court order, the mother is the sole legal guardian until the father files a motion to establish paternity or both parties sign a voluntary acknowledgment of paternity. The signing of the birth certificate creates a presumption but is is in now way determinative.
www.sdeoliveiralaw.com
Answered on 10/02/10, 10:29 am