Legal Question in Family Law in Massachusetts
Paternity
My husband dated a woman several years ago. She became pregnant several times during their relationship but told him each and every time that she had been cheating and that they were not his children. This was in MA. 3 1/2 years ago he moved to SC with me, we got married and have a child, now almost 8 years later she takes him to court for paternity testing and child support which subsequently proved he is indeed the father. My question is to if he has any rights or legal actions to sever his parental rights to these children that he has never known, nor does he wish to know. He is very adament about this subject and refuses to be ''daddy'' to them at all. Is he required by law to maintain a relationship of any kind with children he was lid to about for years and never knew he had? She had the choice of abortion or adoption. Do fathers have that same luxery? Thank you for you time.
3 Answers from Attorneys
: Paternity
No, he cannot be required to see or visit his children.
If you have any further questions, contact me.
Re: Paternity
Your husband has no obligation to be a father in every sense of the word, though I find the attitude that you and he display repugnant.
He must, however, pay child support consistent with the Massachusetts Child Support Guidelines for three (3) children.
Re: Paternity
Your husband cannot terminate his parental rights simply because he wants to do so. While the mother's actions should not be condoned, the Court will not let the father ignore his obligation to his children, period.
These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.
If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.
Ben Stevens