Legal Question in Family Law in Massachusetts
mother's affidavit
The father of my 2 children and I were not married, and my kids were both born in New Hampshire. I am filing for child support in Massachusetts, where I currently reside. I am filing through the Department Of Revenue, and they have sent me a Mother's Affidavit to complete. The father signed both birth certificates, and does not dispute that they are his children, yet why does the D.O.R. need this paperwork and a possible paternity test? Is paternity testing necessary? When I called the D.O.R, they said that it is at the discretion of Judge hearing the case. Is this common, or just in instances where there is dispute?
1 Answer from Attorneys
Re: mother's affidavit
Signing a Birth Certificate creates a presumption; paternity can still be disputed (or admitted on the record) and the genetic (DNA) testing will be more conclusive.