How Do I Establish Paternity in Massachusetts?

Full question:

I was with my girlfriend at the time for four months before we broke up. She is currently pregnant. She claims that I am the father but I am not 100% sure of that. Three and a half weeks into our relationship she says she is pregnant. Our first ultrasound was a week later. The doctor said that based on that ultrasound the baby is approximately seven weeks along. She says doctors are not always right. She knows for sure that the baby is mine. So she says. Now that we are no longer together. She does not want me to be a part of her and the babies life. We never fought. The last several weeks of our relationship she acted strange and came up with various excuses of what she thought I was doing wrong in the relationship. I'm still very much in the dark. I work constantly and I work night shift at that. I think she has found someone else because she had continued to mention that there were other suitors who would be willing to be with her if I chose not to be. So my question is- Should I bring her to court before the baby is born to try and get a foot hold on joint custody arrangements? This would be my first child and I want nothing more than to do the right thing by my child. Although there is that possibility that it may not be mine. What should I do?

• Category: Paternity
• Subcategory: Court Action
• Date: 04/07/2025
• State: Massachusetts

Answer:

The answer will depend on the facts involved and the prospects of future circumstances changing, which is often based on unpredictable factors. The likelihood that the other potential father may seek custody and/or visitation is a factor to be considered. Should your financial circumstances change, a legal determination of paternity is often used as the starting date when child support obligations may begin to be enforceable. Other issues, such as provision of medical insurance may be a factor to consider.

Children born to unwed persons do not automatically have a legal father without a paternity action establishing the identity of the father, whether agreed or contested. Some states allow the establishment of paternity by the execution of an acknowledgment of paternity form without a formal court action. Unmarried fathers have rights and duties similar to those of married fathers. Couples who are living together but are not married should take steps to ensure that both are recognized as the legal parents. Both parents can be listed on the birth certificate. A parent who is not listed may be able to be added after the birth of a child if the parent contacts the state Bureau of Vital Statistics in which the birth took place. The father will be shown on the birth certificate if he acknowledges paternity when or close in time to the birth, or the court orders the birth certificate to be changed to reflect the father’s name. A father can acknowledge paternity by signing a written admission or voluntary acknowledgment of paternity or paternity may be established by filing a civil lawsuit. Generally, paternity must be established for the father to seek custody and/or visitation rights with his child. Paternity refers to the legal acknowledgment of the parental relationship between a father and his child.

Parents are legally obligated to provide their children with all the necessities of life. The failure of parents to marry does not affect their responsibility to support their children. If parents are unmarried and cannot agree upon how much each should contribute toward the support of their children, the courts may decide. A court can order one parent to make specified payments to the other for child support. State laws provide that biological parents make all the decisions involving their children, including education, health care, and religious upbringing. Parents are not required to secure the legal right to make these decisions if they are married and are listed on the child's birth certificate. However, if there is disagreement about who has the right to make these decisions courts can decide.

In most states, a paternity action takes the form of a civil lawsuit. Only certain persons or parties have legal standing to bring a paternity action, including the mother of the child; the mother of an expected child; a man alleging that he is the biological father of a child; a man alleging that he is the biological father of an expected child; the child; a personal representative of the child; the mother and father of a child (a voluntary action filed together); the mother and father of an expected child (a voluntary action filed together); a state social service agency, interceding in cases of child neglect or need; and a prosecutor's office, interceding in cases of child neglect or need. An action for paternity may be filed by the child. In many states, after a child reaches the "age of majority," he has another one to five years to seek the establishment of paternity.

A court will not automatically order paternity tests simply because a paternity action has been filed. It will review the petition to determine if there is sufficient information contained therein to warrant or justify the compelling of such a test. If the court orders a paternity test, the mother, child, and alleged father will all be tested at a court-designated facility. A court determination of paternity is final, and a copy of the court's order will be needed to establish the child's rights, both present and future.A man is presumed to be the father if he has been married to the mother for a certain time before the child is born. That presumption may be rebutted by clear and convincing standards of evidence, such as a DNA test. A man not a presumed father may bring an action for the purpose of declaring that he is the natural father of a child having a presumed father. If a biological father is determined to be a man not married to the mother, that man may be ordered to have visitation rights, as well as other obligations.

Once paternity has been established, a father has the right to seek custody of or visitation with his child. Even after paternity has been adjudicated or registered, as long as there is no court order on custody, many states presume that the mother has custody of the child. A custody agreement between the parents or a court order can clarify custody and visitation issues. Unmarried parents without custody are entitled to the same visitation rights as divorced parents, absent extraordinary factors such as abuse or domestic violence. Judges are often less inclined to award the same type of visitation for infants as for older children, but judges will permit overnight visitation if appropriate. Breastfeeding may be a factor considered by the court.