Legal Question in Family Law in Massachusetts
Paternity/Visitation
I am a single mother of a 5 month old child. The child has my last name and does not have a father listed on her birth certificate. I have explained numerous times to my ex-boyfriend that he is not the father of my child which is the reason he is not listed on her birth certificate. Can he request a DNA in court since he is not listed as the father on the birth certificate? I currently have a restraining order again this person.
2 Answers from Attorneys
Re: Paternity/Visitation
Yes; he can petition the court to establish paternity and they will order DNA testing. Restraining orders are a separate issue.
Re: Paternity/Visitation
If you have a restraining order against your boyfriend, then he should not be contacting you. If he is contacting your, this is a violation, and is subject to criminal penalties. You can report such contact to the police. Maybe you even should report this.
As to paternity, if your boyfriend believes the child is his, let him file a paternity action. It is not your responsibility or your problem.
If you know who the father is you may wish to file an action to establish paternity, and you may be eligible for a child support order. At the same time, this person can also seek visits and shared legal custody with this child.
Should you have any questions or need assistance, contact me.
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