Legal Question in Family Law in Massachusetts

Re: presumed father ...more

This question has popped up a lot recently, with a particular set of somewhat unusual facts, from a custodial parent who seems bent at stopping visitation. The term "forced visitations" has been used.

I hope that you gleaned from my answer that I am in favor of fathers having contact with their children. If you have been adjudicated the father, be there.

If the child was born in a marriage, and the husband has accepted that the child is his son regardless of DNA, the husband has the right to be the father and keep his family intact. Thus, if -husband- is the presumed father due to an INTACT marriage, but you are the ACTUAL father, the law does not allow you to get in the middle. Only the husband or wife would be permitted to seek a different adjudication.

If you already have visitation or the potential of it because YOU are the father as a matter of law, visitation can be required up to a point. However, the Court will also recognize the "two foot" rule: if the child is big enough to get up on his two foots and leave, or effectively refuse to get into the car, he can't be handcuffed and physically forced. the Court can only require the parents to do so much, and much depends on the child's age.

You may need to compromise, understanding that the child will benefit just from knowing that you WANT to see him. You may also want to see what you can learn of the child's Native America culture. It could be a journey of exploration for both of you.