Full question:
My stepson has lived with us since May of 2010. He is 21 years old. His mother lives in Massachusetts and he lived with her from 2000 to May of 2010. Paternity papers were left in his mother's mailbox (not mailed, not served by a process server or signed for by anyone) just left in her mailbox without a return address stating he is being sued by his ex for paternity of her kid born in December 2010. He broke up with this girl in January of 2010 and swears he can not possibly be the father. Since these papers were never legally served on him is this even a legit suit? Also if he were to take the paternity test can he take it in Omaha NE where he lives now? Does he need a Mass lawyer? There is something about 20 days to respond to this thing on the first page that I am worried about but since he wasn't even legally served do I need to worry about this time limit? He is willing to take a DNA test to prove he is not the father but I am thinking this whole thing may be a hoax to begin with. What are his rights and does he have to even respond to this?
- Category: Paternity
- Date:
- State: Nebraska
Answer:
A complaint must be served properly for the court to have jurisdiction. In this case, the paternity papers were left in the mailbox and not served according to legal requirements, which raises questions about the validity of the suit. The court will determine if proper service was made based on the circumstances.
If DNA testing is ordered, it can be conducted at a facility in Nebraska that meets the required standards. It is advisable to consult a Massachusetts attorney who can review the specific facts and documents involved.
According to Massachusetts law, service of process must be done by delivering a copy of the complaint to the defendant personally, or by leaving it at their usual place of abode (Mass. Gen. Laws ch. 223, § 4). If service is not completed within 90 days after filing the complaint, the action may be dismissed without prejudice (Mass. Gen. Laws ch. 223, § 4(j)).
Since your stepson was not legally served, he may not need to respond immediately. However, it is wise to seek legal advice to understand his rights and obligations regarding this matter.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.