Did you know that there are actually two (2) way to establish paternity in the Commonwealth of Massachusetts for parents who are not married to each other at the time the child is born? Voluntary Acknowledgement of Parentage or VAP for short takes place when both the mother and father of the child are in agreement that the father is the biological father of the child in question. That means the father is considered to be the legal father of the child. If both the mother and father are in agreement they should be willing to sign the Voluntary Acknowledgement of Parentage form.
This form is usually signed by both the mother and father when the child is born. However, it can be signed at a later date. Typically speaking, you probably do not need help establishing paternity if both the mother and father are in agreement that they are the biological parents of the child. However, there are a plethora of cases that where paternity needs to be established on a non-voluntary basis through the family court system. The process is referred to as being involuntary due to the fact one party is challenging the child’s paternity.
For example, a mother may not be willing to accept the biological father as the legal father of her child. If the biological father wants to establish paternity and the rights that go with that such as visitation with his child, he should seek the advice and counsel of a family law attorney. Another example of a non-voluntary paternity process is when he mother claims that a particular person is the biological father of her child, but that person denies being the father. The mother may very well want to prove paternity in order to receive child support payments.
If that is the situation, she should hire a family law attorney to represent her and guide her through the process. Technically speaking, you can attempt to prove or establish paternity through the family courts on your own without the help of a family lawyer. However, it’s certainly not something that you should attempt if you lack the knowledge and experience of exactly how to establish paternity in the Commonwealth of Massachusetts. There are actually numerous parties who have the rights to file a complaint in order to determine paternity.
Of course it makes the most sense to have a family attorney handle the filing of the complaint. In essence, the mother of the child can file the complaint, the male who is being named as the child’s father can file the complaint, or the child’s legal guardian can file the complaint. In addition, if the child receives public assistance, the Commonwealth of Massachusetts can file the complaint. Furthermore, the party who is attempting to ascertain the child’s paternity is referred to as the petitioner in the case. The legal process starts when the petitioner files a complaint to establish paternity with the family court in their county.
The family court needs proof in order to determine paternity. For example, the court may request genetic testing of the child and or DNA testing of the child and father in question. Once each and every piece of the evidence is thoroughly reviewed by a family court judge, he or she will decide if the assumed father is actually the legal and biological father. If the judge rules that the alleged father is indeed the legal father of the child he or she will issue an order of paternity. The order of paternity pronounces that particular male as the legal father of the child.
It is important to establish paternity in the Commonwealth of Massachusetts. In fact, it’s even more important than the name that appears as the father on the child’s’ birth certificate. Mothers and fathers can be awarded with clear parental rights once the paternity of the child has officially been established by the family court. That means if the mother or the father simply do not come to a legal custody and visitation agreement on their own, the father can then file for legal custody and or visitation rights with his child. https://yourlegalrightsadvocates.com/blog/2017/02/dealing-with-debt-harassment-as-a-single-mother/
Once paternity is legally recognized the mother or father may be ordered by the family court to pay child support. In addition, the child can then become the beneficiary for the father’s medical and life insurance benefits. The child can also become the beneficiary for the father’s Social Security benefits. https://yourlegalrightsadvocates.com/blog/2018/12/my-ex-denies-that-i-am-the-father-of-her-child-how-do-i-prove-that-i-am-2/
If you need help establishing paternity in the Commonwealth of Massachusetts please contact your Legal Rights Advocates today.
(855) 254-7841
