Legal Question in Family Law in Massachusetts

: Paternity test

You need to do something.

The ultimate goal is to return to court. In Massachusetts, however, there is a concept of a de facto parent.

What you should really do is consult an attorney to advise about about your relationship to your daughter, and the costs vs risks.

Contact me if you need if you need assistance or have any questions.

Re: Paternity test

The prior answer is misleading. There is little that you can do IF the child was born in Massachusetts. You need to review M.G.L. c. 209C yourself, or with a competent attorney, to come to understand that you ARE the child's father, for all legal purposes.

In Massachusetts, a birth certificate has the legal effect of a judgment of paternity for a child born out-of-wedlock. The father's assent to being named as father is his assent to entry of a judgment. This is the CLEAR law.

JUDGMENT is the essential word here.

JUDGMENTS make parents, not genetics.

Courts are reluctant -- reluctant being the "nice" word -- to rule that the father of 11 years suddenly gets out of being a father. In fact, absent the ability to haul the actual father up, AND a judge willing to swim against the stream, you face a very difficult task.

It has been very clear since the late 1980's that JUDGMENTS make parents, not paternity. Judgements by ASSENT are virtually impossible to overturn -- you took the chance when you put your "Yes" down on the box marked "Are you the Dad?" on the application for birth registration.

You should plan on continuing to pay child support -- although, if you raise this issue in court, you will probably be limited in your contact with the child. You will get none of the love -- which is not genetic -- and have the same legal (financial) burdens.

I wish you the best of luck, as you will need it to change the course of this matter. I also hope that you will find a good, honest lawyer -- because you will need good advice before you take this on.

Gregory P. Lee

P.S. As hard as it is to pay for a child not genetically yours, it should be even harder for you to forget that you loved the child enough to claim him or her as your own.