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“Paternity” refers to the legal relationship between a child and his or her father. Although in some cases paternity is presumed, in others it has to be affirmatively proven. If you are the father but are also unmarried to the mother of the child, you especially need to understand your paternity rights. LaFountain & Wollman P.C. is here to answer your questions so you know more about how paternity works in Massachusetts.
When Must Paternity Be Established?
Paternity, sometimes called parentage, is presumed and automatically established if the father and mother are married to each other at the time of the child’s birth (or were in the 300 days prior to the child’s birth). This is not the case if the father and mother are not married to each other. Without an establishment of paternity, your name won’t appear on the child’s birth certificate and the child will only have one legal parent (the mother). This is true even if you and the mother of your child live together.
Why Is Paternity So Important?
Being declared the legal father of the child is critical to having the full rights and benefits of a parent, including:
- Visitation and custody rights: Before seeking custody or visitation you must prove you are the child’s father. Since this is not automatic for an unmarried father, you must take the additional step of establishing paternity.
- Legal custody: Legal custody is the ability to make important decisions for the child, such as those concerning education and religious upbringing. Only after demonstrating paternity can you have legal custody of your child.
- Stronger relationships: Fathers can enjoy the experience of fatherhood, and the child can enjoy having a relationship with his or her father, grandparents, and other paternal relatives. This gives the child a sense of identity and family.
- Health: The father may have a family history of disease or genetic conditions that were passed down to the child. By knowing for sure who the father is, the child can take steps later in life to address these.
- Access to benefits: Parentage makes a child eligible for health insurance coverage under either parent’s plans. The child can also access other benefits through the father, such as Social Security, veterans’ benefits, public assistance, and inheritance rights.
Why Would the Mother Seek Paternity?
Paternity also allows a mother to seek child support from the father. If you are wishing to be declared the child’s legal father, you should understand this consequence of paternity. We can advise you as to your child support obligation and help set up a payment amount that you can afford.
How Is Paternity Established?
There are two ways to make yourself the child’s legal father:
Sign a parentage acknowledgement form
Both parents can agree to sign a Voluntary Acknowledgment of Parentage by which the father acknowledges that he is indeed the child’s parent. Once this form is signed and notarized, which can be done at any time in the child’s life, the father’s name is added to the child’s birth certificate and no court proceeding is necessary to establish paternity.
Parentage can be acknowledged at three places:
- In the hospital at the time of the child’s birth
- At a city or town clerk’s office
- At the Registry of Vital Records and Statistics
We only recommend this path if you are sure that you are the child’s father and understand the legal consequences of paternity. If neither or both of these are true for you, then the next option may be better.
Ask a judge to determine paternity
Either parent, or the child at an older age, can ask the court to establish paternity by filing a court petition. The judge will usually require a genetic marker (DNA) test which will conclusively prove whether you are the child’s father. If after reviewing the test results and other relevant evidence the judge decides you are the father, an order will be issued stating this. It has the same legal effect as a voluntary paternity acknowledgment (for instance, your name will be added to the child’s birth certificate).
How Can an Experienced Paternity Lawyer Help Me?
LaFountain & Wollman P.C. can guide you through each step of the paternity process. We can explain in detail what paternity is, as well as its legal ramifications for you and your child. Then, we can help you select and carry out the best option for proving your paternity. On the other hand, if you are contesting paternity, we can ensure your rights are protected.
To get started, reach out to our office today.