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

Posts Tagged paternity Boston

Odd paternity case: Twins with different fathers

twins(NEWSER) – In just the third such court case in the country, a New Jersey judge has ruled a man is father to one twin while another man is father to the other. The children’s mother named a man, identified as “AS,” as the father of her twin girls, born in January 2013, when she applied for public assistance in Passaic County, the Star-Ledger reports. When she acknowledged that she’d had sex with another man within a week of her encounter with AS, a DNA test was conducted. It revealed what the New York Times calls “a tangled web of love and biology.” AS had fertilized one egg with 99.9% certainty; the other was fertilized by the other man during the same menstrual cycle. Judge Sohail Mohammed ruled AS must pay child support for only the child he fathered, totaling $28 a week.

Mohammed noted he found just two court cases related to the phenomenon, known as superfecundation, NBC New York reports. But it’s not quite that rare, per the New Jersey Law Journal. It references a 1997 article by identity testing expert Karl-Hans Wurzinger, who testified in this case, that put … Read More »



Establishing Paternity in Massachusetts

paternity

In Massachusetts, the custody of a child born to unwed parents is presumed to be solely with the mother of the child, unless and until paternity of the child is established, and there is a court order regarding custody.

It is important for both a mother and father to have paternity established, because without establishing paternity, there can be no child support order issued, or any order relative to custody and parenting time (also known as visitation), or any other orders regarding the child.

A father can establish paternity in Massachusetts in one of two ways. First, when the child is born, the father can sign a “Voluntary Acknowledgement of Parentage” which is an affidavit in which the father states he is the biological father. In this case, the father is added to the child’s birth certificate. In this circumstance, the mother is still considered to have sole custody of the child. In order for there to be a custody order, either parent can then file a Complaint for Support-Custody-Visitation. After this complaint is filed, the court can issue orders regarding child support, … Read More »



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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