UnMarried with Children - Who is a Legal Parent? Part 3

Unmarried mothers in Massachusetts are presumed to be the legal and physical custodian of a child without going to court. Unmarried fathers in Massachusetts are not provided with any legal or physical custody rights without going to court, unless they are added to the Birth Certificate at the time of the child's birth. This is despite the fact that a child support obligation can begin to accrue upon the birth of the child even if the father is unaware of their existence or not involved in the child's life.

The Birth Certificate is completed with information provided by the mother of the baby. If she is unmarried, then she can request the father's name be included. In order to include the father's name he must sign a Voluntary Acknowledgment of Paternity and then his name will appear on the birth certificate.

Signing a Voluntary Acknowledgement has significant legal ramifications. Even if a father is not the biological father, signing the Voluntary Acknowledgement could make him the legal father, with potential rights and obligations for the child's entire childhood until emancipation.

If a mother or father refuses to sign the Voluntary Acknowledgement of Paternity, then paternity can only be established by court action and the mother alone will appear on the birth certificate until there is an order of the court which will be addressed in our next post.

Of course, whether established in court or voluntarily, legal parentage of a child is only step 1. Once the court or two parents have recognized the legal rights and obligations of the father, the parents need to define how they will co-parent and support the child. Click here for more information on those next steps.

Previous Post: Married with Children - Who is a Legal Parent? Part 2

Next Post: 99.9% Probability of Paternity - Who is a Legal Parent? Part 4

Comments

What is the purpose of the Divorce Nisi waiting period?

In Massachusetts the statutory waiting period after a Judgment of Divorce and before the divorce becomes final (or absolute) is called the Nisi period. After a divorce case settles or goes to trial, a Judgment of Divorce Nisi will issue and it will become Absolute after a further ninety (90) days. This waiting period serves the purpose of allowing parties to change their mind before the divorce becomes final. If the Judgment of Divorce Nisi has issued but not become final yet, and you and your spouse decide you don't want to get divorced, then you can file a Motion to Dismiss and the Judgment will be undone. Although many of my clients who are getting divorced think the idea of getting back together with their ex sounds crazy, I have had cases where this happened. In addition to offering a grace period to change your mind, the Nisi period has three other legal effects: 1. The most obvious effect of the waiting period is that you cannot remarry during the Nisi period, be...

2024 U.S. Presidential Party Platforms - What are the policy positions that could affect families?

While the laws that affect family formation, marriage and divorce are often made at the state level, there are also many policies and laws at the federal level that affect families and children. Just some examples from recent years that have impacted families in my mediation practice include changes to the federal tax laws (such as the elimination of the alimony tax deduction ) and U.S. Supreme Court rulings on same sex marriage and reproductive health rights. In just over a month, the United States presidential election will have a significant impact on these federal policies going forward, and could choose the next appointments to the U.S. Supreme Court as well. In 2016 and 2020 we shared what each presidential platform said about families and policy regarding family formation and dissolution, and below we'll provide you an update on the 2024 presidential platforms. As Maya Angelou said, "When someone shows you who they are, believe them the first time."...

New Massachusetts Child Support Guidelines (2021): Big Changes, Little Changes, Typos & some Unexpected Results

UPDATE: The court has released a web calculating version of the 2021 MA Child Support Guidelines Worksheet . It resolves some of the typos referred to below, but the unexpected calculations still apply. Every four years, per federal mandate, the Massachusetts Probate & Family Court revisits the Child Support Guidelines through the work of a Task Force appointed by the Chief Justice. The 2021 Massachusetts Child Support Guidelines were recently posted. They take effect on October 4, 2021. If you are interested in a training on all of these changes to the new Child Support Guidelines: DMTA Presents the 2021 MA Child Support Guidelines Update – Attend this event to learn the key updates you need to know for your mediation clients. Presented by Justin Kelsey of Divorce Mediation Training Associates and Skylark Law & Mediation, PC . For a full comparison of all the tracked changes between the 2018 and 2021 Massachusetts Ch...

Search This Blog