Legal Question in Family Law in Massachusetts

Re: Paternity Case

It would be ill informed for your current boyfriend to falsify a government document and commit perjury. First, it would make him a criminal and potentially unfit to be a parent. Second, if the biological father files tro assert his rights in court, the judge will likely frown on the attempted deception. Although an action for contempt is unlikely to result in a change in primary physical custody, it will likely require an award of counsel fees to the biological father for the cost of enforcement.

The best approach to this is generally the most mature and cost effective. Obey any court order for DNA testing since the test in non-invasive (cheek swab). The child can only benefit from having a parent who wants to be involved in her life.

Re: Paternity Case

In order to have anyone named the father of this child, you will have to notify the biological father. The biological father has the right to contest this. Secretively adding your boyfriend, the "emotional" father to the birth certificate will require you to knowingly state a falsehood under oath -- perjury.

In addition, it will be useless perjury, because biodad can petition for his rights in the courts.

Mind you, if biological dad is interested, you can always file an action in Probate and Family Court to have him properly determined the father. Then he will have his rights -- and his responsibility to support.

This is not likely to cause your daughter that much confusion. she will know who loves her. If it turns out to be -two- fathers, and biodad turns out to be a good and loving father, it can only enrich her.

Re: Paternity Case

There is a concept, with which I totally disagree, called "Defacto parent." This addresses the issue here.