Legal Question in Family Law in Massachusetts

presumed father

If a DNA proves not to be the biological father does the child still have to be forced for visitations?


Asked on 5/14/09, 9:54 am

2 Answers from Attorneys

Re: presumed father

Until a court rules that the "father" is not the father and there exists an order requiring visitation, then you have to continue the visitations.

I suggest you contact an attorney as soon as possible.

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Answered on 5/14/09, 10:04 am
Gregory Lee Gregory P. Lee, Attorney at Law

Re: presumed father

The legal father, who has taken responsibility and been in the child's life, remains entitled to visitation so long as visitation is in the best interest of the child. The Court determines what is in the best interest of the child when there is conflict.

This question has been asked and answered repeatedly over the last few weeks. The answer will not change. DNA does not make family relationships, it only creates the possibilty of relationships. A judgment that a man is a father is a fact, whether it is by adoption, divorce, or paternity action.

Acting like the parent he legally is -- transmitted DNA or no -- makes a man a parent entitled to visitation in the best interest of the child. If the man has acted like a parent and taken legal responsibility, and the Court feels that visitation remains in the child's best interest, the visitations will be "forced." If you disagree with this, you need to show the Court that the visitation is NOT in the child's best interest. If you have failed to do so to date, you should buckle down and comply with your responsibilities under the Court's orders.

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Answered on 5/14/09, 10:22 am


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