Legal Question in Family Law in Massachusetts
Contempt of Court
I am wondering if anyone has heard of the legal consequences in Massachusetts for being held in contempt of the court for not submitting their child to a court ordered paternity test (to establish a father with none listed on BC)? Any help is greatly appreciated.
2 Answers from Attorneys
Re: Contempt of Court
The consequences are up to the Court. They could include jail time, in which case the child could be put into someone else's custody for a period of time, at least. During that time, the child's cheek would be swabbed, as would the mother's. The test would be completed. The putative father could then be confirmed as the father, and his fitness for physical custody considered.
What in the world does the mother of the child think she gains by refusing the test, only to have her own parental fitness for custody questioned? I can think of no set of facts where this is worth it. If the putative father is truly abusive, knowing the paternity makes future restraining orders easier.
If this is solely about revenge or anger at the putative father for, in fact, BEING the genetic father, the mother needs to re-think her stance.
Re: Contempt of Court
This could impact a number of rights, including custodial rights.
Against whom is the order?
Violating a court order in family court creates numerous and unnecessary problems.
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