Legal Question in Family Law in Massachusetts
Child in another state
My question today is that I had a good relationship up until January of last year. I had a daughter with this woman who is now my ex girlfriend. She decided that she was going to up and leave and move to Florida which she did. I send money for the baby every week to 2 weeks. Right now I also have full physical custody of my 2 boys from my previous marriage. My ex girlfriend is not working in Florida and is expecting me to support her and the baby (whos is now 19 mos old). She recently had sent threatening letters to me on email stating that if I get involved with anyone else that she will have me removed from the birth certificate. I am also concerned if this is being said to me, I am wondering if the baby is really mine at this point. I am not sure what to do. I can not afford an attorney. Should I go directly to the MA department of revenue and Family Court about this? Any advice? Please let me know. My ex g/f left last April and I have only seen the baby in pictures. Not sure what to do?
1 Answer from Attorneys
Re: Child in another state
If the child has been in Florida for a year, the legal action for custody and visitation is there. Any child support case would also probably be there.
If you signed the birth certificate application voluntarily, the child is legally yours. You can ask for a DNA test in a paternity case in the appropriate jurisdiction, but whether that motion will be granted depends upon the law of the jurisdiction. While the courts dislike women lying about paternity, they also have come to dislike men disclaiming paternity when the relationship goes south.
The mother can't "remove" you from the birth certificate without going to court and, in essence, stating that she lied to you AND the Commonwealth of Massachusetts by not (at the very least) suggesting that someone else MIGHT have been "in the right place at the right time." If this is not an idle threat, she is playing with fire, because judge's don't like it.
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