Legal Question in Family Law in Massachusetts

Re: Child surname SELF-CORRECTION

I should have read the statute before replying. The "blocking effect" only exists if the MOTHER was married AT THE TIME OF THE BIRTH, -AND- SHE DIES OR IS DIVORCED FROM THE HUSBAND, AND THE HUSBAND WAS NAMED ON THE BIRTH CERTIFICATE OF THE FATHER.

HOWEVER, the intermarriage with mother at THIS time would create a PRESUMPTION that the husband is the father. While this can be rebutted, the courts favor keeping "intact" families "intact."

Regardless, mother and emotional father need to get into synch before pursuing this.

Re: Child surname

I assume the child was born out of wedlock. If that is the case, he has no right to demand a change of name. He can demand and seek visitation and joint custody, although it will be likely your girl friend will keep physical custody.

He will also be subject to child support payments. One way through this may be to have him waive his parental rights and you adopt the little girl with your girl friends permission. It would be easier to adopt her if you were married to the mother.

good luck

Re: Child surname

First off, you get a special congratulation for putting love over DNA with this girl. We do not see enough of this in our business.

If you are not married to the mother, he has the right to file a 209C case ("child out of wedlock") to mandate custodial rights (legal), visitation and the payment of child support. You would have to be named in the case because your name is on the birth certificate.

If you marry the woman before a claim is filed, and you are named on the birth certificate, this would be blocked. I am not sure if marriage after the claim is filed would be seen as blocking it.

Obviously, you and mother need to get on the same page about things here. That's your real problem here. You and she need to work out your relationship. I suggest that you get some counseling, for yourself alone if not as a couple.