Legal Question in Family Law in Massachusetts

Re: Paternity test denial

If you are on AFDC, transitional assistance, MassHealth or food stamps, or have applied or may have to apply for them, you can be denied benefits for failing to cooperate, but it is unlikely they will take the child away from you. If they demand you pay the state back for benefits they have paid you (unlikely, but possible), and you cannot, it is remotely possible they could sue you for the money and at some point ask the court to put you in jail until you pay. At that point, your child would have to go somewhere, probably not prison.

If you are on AFDC, etc., you should cooperate and have the paternity test. Child support is not for your benefit, but for your child. If the one who is being tested turns out not to be the father, he is entitled to know that. The test involves a swab from the cheek, not very difficult, and the test cannot be done without a sample from the child. He may ask the court to compel you to have the child provide a sample, and at that point, if you fail, the court could order you to be jailed until you comply. Again, you would have to find a person to care for the child.

If he is the father and pays child support, he may not want visits or anything else to do with the child. Who knows, he might win the lottery and you and your son could get off welfare.

If you are independently wealthy and do not have to work, ignore the above advice.

Re: Paternity test denial

They will not take your child away; however, the father has a right to know if it is his child or not as well as, the child has a right to know he/she has a father.

In addition, if you are on any kind of public assistance, the state also has a right to be reimbursed.

On another note, if there are valid reasons such as you are in fear or there are serious problems with this individual, you need to state your reasons to the court. You can be compelled to come to court. If you cannot afford an attorney, you should try contacting places like the Boston Bar Association, Mass Bar Association, Board of Bar overseers, etc. to see if you qualify for pro bono services. If you can afford an attorney but need a discount rate you can contact Lawyer's Referral Services through the Mass Bar Assoc., etc. In any event, all these entities may be found online. Also, the courts have attorney for the day that may be able to assit you.

In any event, I would recommend you contact an attorney to discuss your concerns. I hope this helps you somewhat!

If you have any further questions or concerns feel free to email me at [email protected] Sincerely, Maria Murber