Call Today for a free case evaluation

617-395-6600

Newton Office

How can I establish paternity if my child’s mother is married to someone else?

nominated-cute-baby-boy-on-his-dads-shoulders-walking-on-road-outdoors-sensitivity-to-nature-concept_t20_oRmKJW (1)

A father petitioning for paternity needs to have a full understanding of the legal process. Fathers who are unmarried in the Commonwealth of Massachusetts can establish paternity in two ways.

The first route is a voluntary process that utilizes a form known as a Voluntary Acknowledgement of Parentage. This is a document signed by both the child’s mother and father, confirming the singing male is the legal father. This form is typically presented to the parents at the hospital when the child is born.

The second route is through an involuntary process, which involves filing a complaint to establish paternity. However, if the mother was married to someone else when the child was born or conceived, the husband must be served with a complaint and summons before the petitioning father can file a complaint to establish paternity.

If the husband signs an Affidavit of Nonpaternity, he will not have to appear in court, and a judge can use genetic marker tests to determine the biological father. The biological mother, the man claiming parentage, and the child will each submit to DNA testing.

Once paternity is established, the child is entitled to support from both parents. Parents may come to their own settlement on custody and visitation or seek a court ruling if an agreement cannot be made.

Petitioning for paternity rights can be a complicated legal matter. If you need guidance on how to proceed with paternity, guardianship, or custody, you need attorneys who know the legal system inside and out. We’re here to help you navigate this often-complicated process.

Related Posts

When Can Child Support Be Modified in Massachusetts?

Child support orders are designed to provide financial stability for children after a divorce, separation, or custody matter. However, life circumstances often change over time. A parent may lose a job, receive a promotion, experience changes in parenting time, or face new financial responsibilities. When these changes occur, the existing child support order may no

Read This

Why Do Many People Hesitate to File for Divorce in Massachusetts?

One of the most common reasons individuals delay divorce is the fear of the unknown. Questions about children, finances, housing, and healthcare can feel overwhelming—especially when one spouse has been financially dependent on the other. Common concerns include: What will happen with the children and parenting time? How can a divorce be afforded if one

Read This

Guiding you on a path to a new beginning.

We Offer A Free Case Evaluation
Top

Tell Us Your Story

617-395-6600

Newton Office

Main Office

199 Wells Avenue, Ste 208
Newton, MA 02459

617-395-6600

Newton Office

781-569-5220

Woburn Office

Main Office

199 Wells Avenue, Ste 208
Newton, MA 02459

By Appointment

100 Trade Center
Woburn, MA 01801