Amaral & Associates, P.C. - Divorce, Family Law

Posts Tagged paternity attorney Suffolk County

Paternity Issues in Massachusetts

In Massachusetts, if a child is born out of wedlock, the child’s biological father is not deemed to be the child’s legal father, unless paternity is established. Establishing paternity is important for many reasons, and can be done in multiple ways.

The easiest way to establish paternity is when the child is born, the child’s biological father may sign a form known as an acknowledgement of paternity, in which he states and acknowledges that he is the father of the child. In this case, when the form is properly signed, the father’s name will then appear on the child’s birth certificate, and then the father is legally deemed to be the father of the child.

Another way to establish paternity is by a court order. Either the mother or the father may file a Complaint to Establish Paternity with the Probate and Family Court. Here, this is a formal legal case that is heard by a judge of the Probate and Family Court. Typically once a Complaint for Paternity is filed by either parent, then the court will order DNA testing for … Read More »



Child Custody and Removal in Massachusetts

It is not uncommon after (or even during) a divorce, a parent seeks to move outside of Massachusetts with the couple’s children. Not only does this impact the custody arrangement between parents, but it can impact the relationship between the children and both parents as well.

Because the impact such a move can have between children and parents, the Massachusetts Probate and Family Court does not take such a move lightly. In typical custody cases, where both parents live near one another, the court applies the legal standard of the “best interests of the child.” This means the court considers what is best for the child when it comes to custody and a parenting plan.

However, when one parent seeks to move out of state with the parties’ children, there is a higher legal burden on that parent than just the “best interests” standard. In such cases, pursuant to M.G.L. c. 208 §30, a parent must either obtain the consent of the other parent to move out of state with the children, or obtain the approval of the court. Where court intervention … Read More »



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