271 Lafayette Street, Salem, MA 01970 
Massachusetts Paternity Laws
Massachusetts paternity laws determine who a child’s legal father is, and establishing paternity is often the first step before either parent can seek child custody, parenting time, or child support. When a child is born to unmarried parents, paternity does not establish itself automatically and must be confirmed either voluntarily or through the Probate and Family Court.
Porcello Law Offices helps Essex County parents establish, contest, and rescind paternity, whether you are a mother seeking child support or a father seeking parental rights. Getting paternity established correctly is often the necessary first step before any custody, parenting time, or support order can be entered.
Paternity Situations We Handle
Paternity issues arise in different circumstances depending on whether the parents agree on who the father is. Use the reference below to find where you stand.
| Situation | What It Means |
| Unmarried Mothers Seeking Support | For mothers who need paternity established before a child support order can be entered. |
| Fathers Seeking Parental Rights | For fathers who need to establish paternity before they can seek custody or parenting time. |
| Contested Paternity | For cases where the alleged father disputes paternity and genetic marker testing becomes necessary. |
| Rescinding an Acknowledgment | For a parent who signed a Voluntary Acknowledgment of Parentage and now wants to challenge it. |
How Massachusetts Paternity Laws Establish Legal Fatherhood
When a child is born to married parents, Massachusetts paternity laws presume the mother’s husband is the child’s legal father. This presumption also applies in certain cases involving an attempted marriage or a parent who has held the child out as their own. [1]
When parents are not married, no such presumption applies, and the mother holds sole legal and sole physical custody of the child until paternity is legally established. Establishing paternity is the necessary first step before a father can seek custody, parenting time, or before a support order can be entered against him.
Voluntary Acknowledgment of Parentage
The most common way to establish paternity in Massachusetts is a Voluntary Acknowledgment of Parentage, which both parents can sign at the hospital when the child is born, or later at the Registry of Vital Records and Statistics. Once signed and filed, the acknowledgment has the same legal effect as a court judgment of paternity. [2]
Either parent has 60 days from the date of signing to rescind the acknowledgment without having to prove anything beyond a timely request. After 60 days, the acknowledgment can generally only be challenged within one year, and only based on fraud, duress, or a material mistake of fact. A parent seeking to rescind or challenge an acknowledgment typically files a complaint in the Probate and Family Court, and the court may order genetic marker testing as part of that process.
Contested Paternity Cases
When the alleged father disputes paternity, either parent can file a complaint to establish paternity in the Probate and Family Court. The court can order genetic marker testing for the child, the mother, and the alleged father to resolve the dispute.
Once the testing results come back, the court can enter a judgment of paternity or dismiss the case, depending on the outcome. From there, the same custody, parenting time, and support issues that arise in any family law case become available to both parents.
Custody and Parenting Time After Paternity Is Established
Once paternity is established, unmarried parents have the same rights to seek custody and parenting time as divorced parents, under the same best-interest standard that governs every Massachusetts custody case. Our child custody attorneys help fathers pursue a fair custody arrangement once paternity has been confirmed.
Child Support for Unmarried Parents
A support order cannot be entered until paternity is legally established. Once it is, child support is calculated under the same Massachusetts Child Support Guidelines that apply to divorced parents, and payments are typically collected through the Department of Revenue’s Child Support Enforcement Division. [3]
Why Families Choose Porcello Law Offices
Porcello Law Offices is a second-generation, family-owned firm founded in 1976, and our attorneys bring more than 87 years of combined legal experience to family law matters across Essex County.
Family law in Salem is led by Jean G. Porcello-Giusto, one of our Massachusetts family law attorneys, who has practiced family law for more than 32 years and has represented clients before the Massachusetts Supreme Judicial Court.
We give you straightforward advice about establishing, contesting, or rescinding paternity, and we prepare thoroughly whether your case resolves through agreement or in front of a judge.
Serving Salem, Gloucester, and Essex County
Porcello Law Offices represents paternity clients from offices in Salem and Gloucester, Massachusetts, and serves families throughout Essex County, including Beverly, Peabody, Danvers, Marblehead, Newburyport, and the surrounding communities.
Family law matters are led out of the Salem office, while Gloucester primarily handles probate and civil litigation, though both locations serve families in Essex County.
Frequently Asked Questions
| Question | Answer |
|---|---|
| How Is Paternity Established in Massachusetts? |
Paternity can be established voluntarily by signing a Voluntary Acknowledgment of Parentage, or involuntarily through a complaint to establish paternity in the Probate and Family Court, which may involve genetic marker testing. |
| Can I Change My Mind After Signing a Voluntary Acknowledgment of Parentage? |
You have 60 days from the date of signing to rescind the acknowledgment. After that, you generally have up to one year to challenge it, but only on the basis of fraud, duress, or a material mistake of fact. |
| Does a Father Have Custody Rights Before Paternity Is Established? |
No. Until paternity is legally established, the mother holds sole legal and sole physical custody of the child. A father must establish paternity before he can seek custody or parenting time. |
| Can I Get Child Support Before Paternity Is Established? |
No. A child support order cannot be entered until paternity is legally established, whether through a voluntary acknowledgment or a court proceeding. |
| What Are the Basic Massachusetts Paternity Laws? |
Massachusetts paternity laws presume a mother’s husband is the legal father in a marriage, but require unmarried parents to establish paternity through a Voluntary Acknowledgment of Parentage or a court proceeding. Once established, both parents gain the same custody, parenting time, and support rights and obligations as divorced parents. |
Schedule a Free Case Evaluation
You do not have to navigate Massachusetts paternity laws on your own. Our attorneys are ready to review your situation and help you establish, contest, or rescind paternity.
Schedule a Free Case Evaluation with one of our Massachusetts offices in Salem or Gloucester, or call Salem at 978-338-7854 or Gloucester at 978-224-5265 to speak with our legal team directly.
Sources
[1] Mass. Gen. Laws ch. 209C, § 6 (Presumption of Parentage; Mandatory Joinder) | https://malegislature.gov/Laws/GeneralLaws/PartII/TitleIII/Chapter209C/Section6[2] Mass. Gen. Laws ch. 209C, § 11 (Acknowledgment of Parentage; Rescission; Parental Agreements) | https://malegislature.gov/Laws/GeneralLaws/PartII/TitleIII/Chapter209C/Section11
[3] Mass. Gen. Laws ch. 209C, § 9 (Support Orders for Children of Unmarried Parents) | https://malegislature.gov/Laws/GeneralLaws/PartII/TitleIII/Chapter209C/Section9