Paternity Actions in Family Court

Paternity Actions in Family Court

In Massachusetts, one parent generally brings a paternity action when the other parent’s name does not appear on the birth certificate. The goal is to establish paternity and obtain child support, custody, or visitation rights. Massachusetts General Laws Chapter 209C governs these actions. Our attorneys also handle related 209C actions in family court. Parents can address paternity two ways: an Acknowledgement of Parentage or a Paternity Order. The Acknowledgement of Parentage offers the simplest way to establish paternity. Both parents sign it.

Acknowledgement of Parantage

Both parents can sign this notarized “Acknowledgment of Parentage” form at the hospital when the child is born. If both parents sign the form, and the 60-day rescission window passes, the acknowledgement carries the same legal effect as a Paternity Order. Once paternity is established, it becomes final. For example, suppose a Paternity Order or Acknowledgement of Parentage has established that an individual is a minor’s parent. Even if that individual later shows they are not the minor’s biological parent, a court may keep the order in place. Courts do this when it serves the child’s best interest. For this reason, we encourage both parents and the child to complete Genetic Marker Testing before voluntarily acknowledging paternity. This test is also known as DNA or paternity testing. The Department of Revenue provides this testing for a nominal cost.

Genetic Marker Testing

A parent may file a paternity action instead of signing the Acknowledgement of Parentage. In that case, the court generally orders Genetic Marker Testing at the start of the case. This happens before the court evaluates custody, parenting time, or child support. Once the testing verifies paternity, the court enters a finding of paternity. The court then addresses custody, parenting time, and child support. A parent can still sign an Acknowledgment of Paternity in lieu of Genetic Marker Testing at this stage.

For more information on representation in a paternity action, or to schedule a free consultation, please contact us by phone 978-637-2048 or email office@heralawgroup.com.

Practice Areas 209C Actions in Family Court Alimony (Spousal Support) Appeals Child Custody Child Support Contempt Actions in Family Law Divorce Domestic Violence & Restraining Orders Estate Planning Modification Actions in Family Law Guardianships Guardian Ad Litem Investigations LGBTQ+ Representation Mediation & Collaborative Law Paternity Actions in Family Law Prenuptials & Postnuptials Probate Law