When a child is born out of wedlock, a Complaint for Modification must be filed before a Court enter a child support, custody or visitation order.  Paternity is established through a Genetic Marker DNA test.

Once Paternity has been established, a Father has the right to seek Custody of the child, Visitation also known as a Parenting Plan and a Child Support Order can be imposed.

Father’s Name On Birth Certificate

If a Father has signed the birth certificate and/or a voluntary acknowledgement of Paternity, a Complaint for Custody, Support and Visitation can be filed.

The person named on the birth certificate is presumed to be the father. If there is any doubt that you are the Father of a child, it is important to take immediate action to prove paternity. Failing to take appropriate action to ensure the accuracy of the birth certificate may leave the named father accountable for child support and other child-related responsibilities. If you are alleged to be the father of a child, and believe that you are not, get in touch with an attorney to determine your options.

Marriage And Paternity

If a child is born to a woman who is married, there is a presumption that her Husband is the Father and his name will appear on the Birth Certificate even if the parties admit that they have been separated for significant periods of time.  An affidavit of Non-Paternity should be executed by the parties as soon as practicable after the child’s born.  If one of the parties is unwilling to execute the affidavit, an action should be filed immediately to prove non-paternity.  Otherwise, the Father can be liable to pay child support for that child.

Let Swanson & Moors, LLC Help You Today

If you have any legal needs regarding paternity, you can’t afford to pass up a free consultation with an experienced attorney.  Contact Swanson & Moors, LLC today.

Swanson & Moors, LLC services all of Plymouth County, Bristol County, Norfolk County, and Barnstable County.


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