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Family Law: Rights and Responsibilities of Unmarried Fathers
Before any unmarried father can obtain rights or incur duties towards his child, there must be a determination that he is in fact the natural father of the child. To do this, the father may execute a written voluntary acknowledgment of parentage which would then be filed with and approved by the local probate court or district court. In the alternative, a father/child relationship can be determined by a paternity action brought under Massachusetts General Law Chapter 209C in the appropriate district or probate court or the Boston municipal court, if the child is within that jurisdiction.
Once paternity has been established, a father has the right to seek custody and/or visitation with his child. However, only the probate court and not any other court, have jurisdiction to determine custody and visitation.
Similarly, a father is responsible for the support of his child born out of wedlock from its birth to the age of eighteen or, where such child is domiciled in the home of a parent and principally dependent upon that parent for maintenance, to age twenty-one or up to age twenty-three if the child is enrolled in an educational program. Any such support is determined by the court according to the father's financial resources and earning capacity using the child support guidelines promulgated by the court. Additionally, the father may be obligated to include the child as a member of his group health or medical insurance plan available to him through his employer.
In establishing these rights and duties by statute, Massachusetts has made clear its policy that children born to parents who are not married to each other shall be entitled to the same rights and protection of the law as all other children.
The information provided by this Tel-Law tape is given as a general outline on the legal topic selected and should not be construed as legal advice which can only be given by an attorney. If you need an attorney and do not know of one in your area, you can contact the Massachusetts Bar Association's Lawyer Referral Service at (617) 654-0400 in Boston or 1-800-392-6164 from outside the city. For TDD service for the deaf you can call (617) 338-0585.
Masslawhelp is a public service of the Massachusetts Bar Association.Posted on Apr 27, 2000 |
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