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
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
Residents of Massachusetts may establish paternity with the court by filing with the court, the city clerk or the registrar of vital records. If the documentation is passed through a clerk or registrar, these entities are responsible for sending it to the state juvenile court. The court may also collect personal information about the parents and child. The information that the court or registrar may request include the names, Social Security numbers, ages, dates of birth and addresses of the mother, father and child. If paternity is not voluntarily established with the court, any party may seek to make such a registration. Establishment of paternity with the court is necessary in order to maintain fathers’ rights. The court must have proof of paternity in order to assign visitation rights and shared custody of a child. In order to enforce the obligations and rights related to paternity, the court may order proof of paternity. Such proof may be requested in order to confer custody rights as well as shared custody and visitation rights for the father and paternal grandparents. Paternity claims may be proven or disproved by way of paternity tests such as DNA testing. Once paternity is established by the court, additional actions such as orders for child support may commence in family court. Establishment of paternity provides a father with rights to access with a child. If either parent desires to establish or challenge paternity claims, this must be done through juvenile court. An attorney may be able to
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.
Massachusetts fathers may be interested in the details of a custody battle currently happening in a southeastern state. A man there is fighting a local adoption agency to regain his father’s rights and win custody of his young child. The 3-year-old girl is currently living in Massachusetts with the people who are hoping to adopt her once the case is resolved. The man says he did not consent to the adoption. He claims it was arranged by his ex-wife without his permission. Reports suggest that the woman lied to the adoption agency and told them she was unmarried, even though that was not true. Other documents allege that the man abandoned his daughter — a claim the man says is also false. Representatives for the adoption agency say that the man was granted visitation rights but has not taken advantage of them. The man argues that he’s tried unsuccessfully to make arrangements with attorneys to see his child. Now he wants custody. The man’s battle has resulted in an alliance that initially seems incongruous. His former mother-in-law says the man deserves to have custody of his daughter. So far, the court has not ruled in favor of either party. The man still retains his parental rights. Unless those rights are severed officially by the court, the family who wants to adopt the little girl cannot do so. The man vows to continue his fight. A father’s rights should not be taken lightly. By taking an aggressive legal stance, the man