Fathers’ Rights

Case brings attention to embryo rights

An ongoing case regarding rights over pre-frozen embryos may be of interest to couples in Massachusetts. The Illinois case concerns a former couple who were fighting over ownership of the frozen pre-embryos. There is no federal law governing embryo rights, and state laws vary. Under Tennessee law, former partners can stop an embryo from being implanted if their former partners have other options for having children. Under Iowa law, both the man and the woman involved have to sign consent forms for embryos to be planted or discarded. In New York, the courts used a contract signed at a fertility clinic as the basis for its decision. Before the Illinois case began, the former couple had been emailing back and forth about the fate of the embryos for a year. The man later filed a complaint in court asking for the embryos not to be used in August 2011. The man had donated sperm to his former girlfriend after they had been dating for five months. She had been diagnosed with non-Hodgkin lymphoma, and treatment might leave her sterile. In the emails, the man at first told his former partner that he was glad to be able to help her. He later expressed reservations when he began to question how others would view his absence from his children’s lives. One of the central issues within the case has been the embryos being the woman’s chance for her own biological child. Custody rights usually involve children who have already been conceived,

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Parenting time interference and the available remedies

One of the matters that is often resolved in a Massachusetts divorce case that involves children is the amount of parenting time each party will be entitled to. Even after an order has been entered, disagreements could arise between the parents, resulting in parenting time interference. This involves one parent interrupting the other’s time with the children, and the disruption may in some cases be considered a criminal offense. Parenting arrangements are not always formal, but having the court approve them helps the parents enforce their rights if a dispute arises. Interference with parenting time could occur indirectly or directly. Indirect parenting time interference may involve one parent disrupting the other parent’s communication with the children by refusing to let the children accept phone calls from the parent or preventing the other parent from becoming involved in school events or extracurricular activities. Other forms of indirect interference include one parent asking the kids to report on the other parent’s personal life, trying to persuade or force the children to refuse to visit with the other parent or belittling the other parent. Direct parenting time interference may also take several forms. One parent, for example, could take the children without permission to keep them from seeing the other parent. The parent may breach the court order and move to another state with the kids, refuse to return the children, or fail to drop them off at a scheduled visitation time. In some situations, one parent might try to prevent the other

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Virtual visitation in Massachusetts

Some parents may have questions about virtual visitation, especially if it is presented as an option during child custody determinations. Virtual visitation often appeals to non-custodial parents who see it as a way to maintain frequent contact with their children between visits. However, many parents have misgivings about it, particularly if they believe custodial parents are using it as an alternative to traditional visitation. Virtual visitation allows for parents and children to communicate in traditional ways via non-traditional channels. This type of communication, which often involves the use of video chat software, instant messaging or social networking sites, give non-custodial parents the chance to read their children bedtime stories, help them with their homework, see awards or trophies from competitions or watch recitals or sports events in real time. Proponents of virtual visitation say that allowing parents to stay in regular contact with children and remain involved in their lives in this way helps strengthen and maintain the bonds between them. Some parents and family law experts have noted the potential for abuse of virtual visitation. Custodial parents may use regular virtual contact between non-custodial parents and children as a justification for limiting traditional visits. In addition, judges sometimes will allow custodial parents to make a long-distance move in case where it would not normally be warranted because parents may be able to avail themselves of virtual visitation. Though it is a useful supplement that can bridge the gap in between traditional visits, non-custodial parents in Massachusetts often have concerns

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How incidents of abuse can affect child custody cases

A parent in Massachusetts who has been violent towards their child or the other parent usually cannot get custody of their child. However, this rule is not set in stone, and a parent may be able to get child custody or visitation after an act of violence if they can show that it is in the best interests of the child. When judges are making custody decisions, they will usually look into whether there was a serious incident of abuse or a pattern of abuse in a household. If either of these two things exists, it is assumed that placing a child with the abusive parent is not in the child’s best interests. The parent accused of abuse may have an opportunity to prove that the judge’s assumption is wrong and argue that the child should be placed in their custody. In child custody cases, abuse is when a parent inflicts or attempts to inflict bodily injury on one of their family members. Making another person believe that bodily injury is imminent is also considered to be abuse. A serious incident of abuse is when a parent threatens, inflicts or attempts to inflict serious bodily injury on the other parent or their child. There are some cases where a father could be denied custody and visitation rights as a result of false allegations of abuse. In other cases, a father might be fighting to obtain custody rights after going through a divorce with a mother who was abusive. Many fathers

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Establishing paternity for unmarried parents

A parent in Massachusetts might want to establish paternity for several reasons. It is important to note that parents have the same legal obligations and rights whether or not they are married. For example, both parents have the right to shared custody or visitation with their children. The parent that has primary physical custody of a child also has the right to receive financial support for the child. Likewise, the parent who does not have primary physical custody has the legal obligation to provide financial and medical support for his or her child. A blood test, known as genetic marker testing, can establish paternity. A father can challenge a paternity claim by submitting to a DNA test. Similarly, a mother can petition the court to compel a father to submit to a paternity test. The mother may use the results of the paternity test as evidence in court in order to obtain an order for her to receive financial provisions for the child including day care, medical insurance and child support. A father can also set up a test to establish paternity and then assert his right to visitation or shared custody. Once it has been established through DNA testing that an individual is a child’s father, the father can then file a petition in court seeking either shared custody or visitation. A married father who does not believe that the child he is raising is his may have limited legal options. In a case such as this, it may

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What is the legal significance of establishing paternity?

A man in Massachusetts cannot assert his legal fathers’ rights unless paternity has been established. Although many people believe that putting a man’s name on a birth certificate establishes paternity, this is not actually true. Unless a man and a woman were married at the time of a child’s birth, there is no automatic assumption of paternity. Paternity can be established after a child is born in a number of different ways. Both parents may sign a voluntary acknowledgment of paternity, or a DNA test may be used to establish paternity. If an unmarried father does not legally establish paternity soon after his child is born, he could risk another man stepping in to voluntarily assume paternity. Another man could do this by marrying the mother and agreeing to sign a legitimation form. Once paternity is legally established, a child’s father will be responsible for paying his share of the expenses for raising the child. The father will also have custody and visitation rights. If a mother tries to give her child up for adoption or allow a stepfather to adopt her child, the child’s father can stop these actions from going forward by refusing to provide his consent. If a father was unmarried when his child was born and his relationship with the child’s mother has ended, it may be wise for the man to establish paternity as soon as possible. An attorney may be able to help a father in this situation to assert his fathers’ rights and

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Fathers may object to adoption of their child

Massachusetts residents may know that parents may object to their child’s adoption. This fundamental right might be complex when the father is not married to the mother. In such cases, the biological father may need to take steps to assure that his rights are protected. One hurdle in establishing a father’s rights is paternity. This is done using DNA testing where genetic material is compared between the father and the child. There are times when the father is unaware that a pregnancy exists. In such cases, it may be difficult to have testing done before an adoption is completed. When this happens, it is problematic for a father to have any say on the adoption of his child. Fathers who are aware of the pregnancy may wish to have testing done quickly. The court may view prolonging this as a sign the father is not committed to caring for the child. To eliminate such an impression, the father may wish to have genetic testing done as soon as the child is born or while the mother is still pregnant if he believes she would want to give the child up for adoption as soon as the baby is born. Other things that might be done to illustrate the father’s parenting commitment include helping to pay for expenses related to the pregnancy and to begin paying voluntary child support once the birth occurs. In addition, establishing a parent-child relationship is essential. In spite of showing paternity and an effort at committed

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Reasons to challenge paternity in Massachusetts

Families may benefit greatly by knowing the identity of a child’s father. Determining paternity grants them access to the medical and genetic history of the father, allowing them to learn about any medical conditions or diseases that the child could inherit. It may also mean that the father has the right to be involved in raising the child, helping to provide for the child’s needs. However, sometimes a man is wrongfully labeled the biological father, and he could file a suit to challenge paternity. Medical evidence is heavily relied on to establish paternity, but while these tests are largely accurate, they sometimes provide incorrect results. A man could challenge paternity results if the lab test was tainted or fraudulent. A tainted test is grounds for a suit if the lab has made errors before and produces substandard work on a regular basis. Fraudulence may exist if there is evidence that someone else was sent to take the DNA test on behalf of the alleged father. Men could also challenge paternity results if there is proof of someone tampering with the results or proof that they cannot have children because they are infertile. A man who believes that his wife was unfaithful in their marriage and that a child born to her was a result of that infidelity has legitimate grounds to challenge paternity, as husbands are presumed to be the fathers of children born to their wives during their marriages. While there are many reasons for fathers to challenge paternity,

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