Legal Question in Family Law in Massachusetts

Under Massachusetts law , if the parents are not married, the father has no rights until paternity is established. The soonest you can establish paternity is in the hospital when the baby is born by signing an "acknowledgment of parentage" form; however, if you have any doubt that you are the father, you should request genetic marker tests, which can be done by filing a complaint to establish paternity with the court.

Once paternity is established either in the hospital or in court, you can file a complaint to obtain custody or visitation. When the parents are unmarried, the law presumes that the mother has custody until the court determines otherwise. Once custody is determined by the court, the court will also order the noncustodial parent to pay child support. It is also possible for the parents to share custody (50-50).

It is commendable that you are concerned and care about your child and that you are planning to be highly involved in his or her life. It is also understandable that you are angry about the mother's drug use during the pregnancy. However, the reality is that children need both parents and if the mother manages to get off drugs, the court is not likely to completely take custody of her newborn child away, unless there are other issues which would endanger the safety of the child in her care. If you would like a free consultation, please contact me at 508-528-4007, ext. 14.

Retain a local attorney to file a Complaint to establish patermity and require genetic marker tests to determine whetheryou are the Father. Don't just assume that you are because you could be liable for child support until the child is 18 and in some cases 23 even if you are not the biological Father. Good Luck!