Legal Question in Family Law in Massachusetts

Re: End Support

No, no, no.

I assume that you agreed to a judgment of paternity ten (10) years ago. You ended the litigation with a JUDGMENT. THE JUDGMENT MADE YOU A FATHER.

You had the right to litigate then. You had the right to get tested then. You had a right to be found NOT the father then. YOU GAVE UP THE RIGHT, AND SO BECAME THE FATHER -- AS A MATTER OF LAW.

By the way, if you litigated and the judge STILL found you the father, absent DNA, I would be surprised. DNA testing has been routine and virtually conclusive for at least twenty (20) years.

I repeatedly answer this question on this website -- repeatedly. The case law has answered it repeatedly. the answer is: Biology does NOT make one a father, LEGAL ACTS DO. This case law has been around for almost twenty (20) years, just like the testing -- it is NOT a new concept.

Again, YOUR legal act of AGREEING to the entry of JUDGMENT was the last step but one to making you the father,. The Judge's acceptance of the agreement and entry of judgment MADE YOU THE FATHER.

This is no different than an adoption -- it's just easier to do. You can't get out of THAT version of legal fatherhood, either.

Any man who simply signs on the dotted line when there is (or should have been) ANY doubt and a test should understand this clearly. THE EXISTENCE OF RELIABLE, SAFE, RAPID, REASONABLY PRICED AND NON-INVASIVE GENETIC TESTING BY CHEEK SWAB HAS ENDED YOUR RIGHT TO SAY, "SHE LIED TO ME." This is true both in marital and non-marital cases (a divorce is the married man's last chance to disclaim paternity of a child born during the marriage).

It may seem a raw deal to you, but you MADE THE DEAL. Having made the deal, you are legally (and morally) that child's father.

By the way -- if you love the child enough to want to see him or her, WHY DO YOU WANT TO STOP SUPPORTING THE CHILD? I find the "logic," if there is any, skewed.

I apologize in advance to anyone who thinks that my tone is harsh, but this is about a CHILD's right to support and care.

Once again, men of Massachusetts -- there is no "second look" after any Judgment under the "child born out of wedlock" statute. There is no second look after you agree in a divorce that a child is "a child of the marriage (or if you never raise the question)." If you want to be sure, seek the test. Yes, it will anger the 99.5% or better of women who truthfully state that you were the only possible source of sperm -- but you will avoid a 23-year obligation if the woman is part of the much smaller percentage.

And if you don't ask for the test, don't complain ten (10) years in. Hang in and take care of the child for at most 13 more years.

Re: End Support

1. It is doubtful after 10 years that you can terminate support unless this is clearly new information not available 10 years ago. So No.

2. If you did prove you were not the biological father and terminated your parental rights, you would not have visitation rights.

3. No.

If you care about this child and you appear to do so, then drop the issue and continue the support.