Legal Question in Family Law in Massachusetts

Parental Rights

Can a father who signed the birth certificate give up his parental rights after 12 if he wishes to do so especially where I know and the child knows I am not his natural father? He does not want to go with me anyhow and I have a new life with my fiancee and her kids. Will a judge allow me to do this? So I don't have to pay support and can I see him when I want to and can that be forced if I give up my parental rights? How can I stop my support but still make him come with me when I want?


Asked on 5/03/09, 8:22 am

2 Answers from Attorneys
Joseph Murray Joseph M. Murray, Esq.

Re: Parental Rights

If you sincerely believe it is in everyone's best interest the legal course to follow might be a Paternity action, preferably impleading the true biological father, so that the child can establish a relationship with that person or at least have the benefit of his hereditary and medical heritage. Good Luck!

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Answered on 5/06/09, 10:22 am
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Parental Rights

You have been adjudicated the father. The doctrine of issue preclusion forbids you from changing your mind now. You can waive visitation, but cannot avoid your obligation to provide support.

Fatherhood is a legal, moral and social obligation which usually follows DNA -- but not always.

You undertook this obligation a long time ago. You --are-- this boy's father. You need to continue to carry this responsibility, whether or not you see him. Give him a good example of what a father does.

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Answered on 5/03/09, 10:16 am


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