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

In order for a man to gain rights to a child in Massachusetts, he must first establish paternity. This is typically done through genetic testing to determine if he is the biological father. The IV-D agency may order a genetic marker test for a mother, putative father and child if either the mother or putative father submits an affidavit that states that intercourse occurred between the two during the probable period of conception. If someone is already presumed to be the child’s father, such as in the case that he is married to the child’s mother or has voluntarily acknowledged paternity, the IV-D agency may not order a genetic marker test. The presumed father may request one, however. Once the results of the test are determined, the parents have the opportunity to voluntarily acknowledge parentage. After determining that a man is in fact the child’s biological father, he can pursue rights to the child, such as custody and visitation. Should he be granted legal custody, he then will be able to participate in decisions about the child’s life such as where the child is to attend school as well as decisions about medical care. He may also then be required to begin making child support payments. An individual who wishes to gain custody or visitation rights to a child may wish to work with a family law attorney experienced in fathers’ rights cases. An attorney may help a client in submitting the required documents and representing them in court proceedings.