How Long Does A Father Have To Establish Paternity in Massachusetts?

Establishing paternity is one of the most important things a father can do to secure his legal rights when it comes to his children. Some fathers may wonder how long does a father have to establlish a paternity in Massachusetts. While there is no strict deadline for establishing paternity, quickly acting is highly recommended to establish your rights as soon as possible.

Time Frame for Establishing Paternity

In the United States, over 1.4 million births were to unmarried women in 2022. This accounts for 39.8% of all births. The numbers in Massachusetts are not that far off from the national average, with over 30% of births occurring to single parents. This makes establishing paternity incredibly important for parents today.

Technically, there is no deadline to establish paternity. A father can establish paternity at any point before the child reaches adulthood. However, establishing paternity comes with benefits and responsibilities that are better discovered before the child becomes an adult.

Neglecting to establish paternity can further complications related to child custody, child support, child relocation, and visitation. The earlier you act, the stronger your foundation will be when asserting parental rights and navigating Massachusetts child custody basics for your child’s well-being.

If fraud, duress, or a major mistake is suspected, there are extremely short deadlines, as little as 60 days in some instances, to contest a Voluntary Acknowledgment of Parentage that has already been signed. It gets far more difficult to contest paternity after this window.

How to Establish Paternity

Establishing paternity can be done either voluntarily or through a court order. If both parents agree to paternity, they can sign a Voluntary Acknowledgement of Parentage form, which can be signed at the hospital after the baby is born or later at the Registry of Vital Records and Statistics in Dorchester, MA, or at local offices such as the Dedham County Clerk’s Office in Norfolk County.

If the parents do not agree on paternity or if there is uncertainty regarding parentage, the parents may request court-ordered paternity. Individuals can file a Complaint to Establish paternity in the Norfolk Probate and Family Court. The court may order a genetic test to be done to establish paternity. Once the court establishes paternity, decisions will be made regarding the child.

What Happens After Paternity Is Established

Once paternity is established, the father then has both responsibilities and privileges given by the law.

Some of these include:

• Custody and parenting time: With paternity acknowledged, a father can petition for custody and visitation, knowing what judges look for in child custody cases in Massachusetts helps shape that request. The courts make decisions based on the best interests of the child, which often includes shared parenting time with two healthy parents.
• Child support: Both parents, by law, must contribute financially under the Massachusetts child support rules. The amount of child support is determined by the court and will typically consider both parents’ income, parenting time, and the child’s unique needs.
• Medical insurance and benefits: After paternity is established, the child can now have access to the father’s health insurance plan. They may also have access to other benefits, including social security, veteran benefits, and inheritance rights.
• Decision-making rights: Legally established fathers have a right to make decisions regarding the child, including healthcare decisions, school, and religion.

Common Challenges When Establishing Paternity

Even though the process of establishing paternity can be straightforward, individuals can still run into challenges that they may need assistance with. One common issue occurs when one party refuses to cooperate. This can include the mother refusing to sign forms or the alleged father refusing to accept paternity. In these cases, court involvement can typically solve these issues.

Another issue happens if the father is out of state, incarcerated, on active duty, or simply cannot be found. The courts can work with different jurisdictions to establish paternity, but this can add time and complexity to the case.

In some cases, an individual may refuse to do genetic testing. If the court issues an order to submit to DNA testing, but one party refuses, the court may issue a default judgment, such as automatically naming or excluding a father, even without genetic proof.

Even with these hurdles, a seasoned attorney can steer you through the process and effectively resolve custody issues that surface along the way.

FAQs

Q: Does Signing a Birth Certificate Establish Paternity in Massachusetts?

A: No, if the parents are not married, signing a birth certificate by itself does not legally prove paternity in Massachusetts. Both parents must fill out and submit a Voluntary Acknowledgment of Parentage or seek a court order to formally prove paternity. A father has no legally enforceable rights to the child if he doesn’t take one of these actions.

Q: How Long Does a Father Have to Be Absent to Lose His Rights in Massachusetts?

A: In Massachusetts, there is no specified period during which a father’s parental rights are automatically terminated due to absence alone. However, in some cases, the court may consider ending parental rights if there has been prolonged desertion, a lack of communication, or a failure to provide for the child, particularly if doing so would benefit the child during adoption or guardianship proceedings.

Q: What Is the Massachusetts Paternity Statute?

A: The Massachusetts paternity statute covers the legal procedure of determining a child’s parentage when the parents are not married. It describes the steps involved in court-ordered genetic testing, voluntary acknowledgment, and subsequent rights and obligations. These rules guarantee the child’s access to significant advantages and financial support, as well as the legal recognition of both parents.

Q: What Rights Does a Father Have If Paternity Is Established?

A: A father’s complete range of legal rights, including the capacity to request custody, visitation, and involvement in significant decisions regarding the child’s welfare, education, and medical care, is granted once paternity has been established. In addition, he takes on duties like paying child support. Once legal parenthood has been established, Massachusetts law prioritizes the best interests of the child and treats both parents equally.

Contact Farias Family Law, P.C. Today

If you are looking to establish paternity for your child, Farias Family Law, P.C. can help you in the legal process. Contact us today to get started.