Mom is Married to Another Man

A question that has popped up recently in my practice is what are the rights of a father to a child, when the mother is married to someone else at the time of the child’s birth.

 

In Massachusetts, if a child is born in wedlock, the child is deemed legally the child of both of the parents to the marriage.  As the biological father, you have a very short window of time to rectify this presumption, before losing all rights to your child.

 

If you are in this situation, you should be prepared to file a complaint in equity with the probate and family court to establish paternity of the child immediately upon the birth of the child.  You only have 60 days from the birth of the child to file the necessary complaint.  If you do not act in the 60 day window, you lose the right to contest the paternity of your child.

 

It is important to contact an attorney immediately if you find yourself in this situation.  The paperwork may be complicated.  Time is absolutely of the essence in this type of case.

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