Legal Question in Family Law in Massachusetts
My ex husband and I was married for eight years. During the time of our marriage, we had a child. Before the conception of our daughter, I had an affair. My ex husband was well aware of this. Knowing this information my ex husband opted to not take a dna test to finalize whether or not he was our child's father. His reasoning for this was because he was unable to handle the results if it came back that he was not. This year I filed for divorce and it was finalize. I received a call from him a few days ago stating that he is not our child's father because he took an at home dna test (which is not acceptable in court). Now, he wants me to go to court and submit the results that he sent me to remove him from obligations of paying child support even though he signed the birth certificate with the knowledge that he may not have been the father. Is there anything that I could do about this?
3 Answers from Attorneys
Talk to your attorney. If you do not have a divorce attorney get one who handles these kinds of issues. Do not agree to anything until you have spoken to an attorney.
You should not go to court to change anything. In court, sometimes it is not the biological facts that control but the legal facts. Legally, your ex-husband is the father. Science won't change that. For the life of the child, he has been the psychological father. He admitted this on the birth certificate and the judgment of divorce established this. I doubt that he can change this. Legall he is the father and will remain so.
I agree with the previous two attorneys. First, you should retain an attorney to assist you in dealing with your ex. Secondly, you should not go to court on his behalf. I agree with attorney Pransky that he would likely not be allowed to disclaim his parenthood after years of acting like a father to the child. Feel free to contact my office if I can be of any assistance. 617-357-4898.
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