My question involves paternity law for the State of: Massachusetts
My son is 8 yrs old. When he was born I was certain as to whom his father was. He and I were together and he signed my son's birth cerificate. He was in my son's life until he was a year old. After that he chose not to have anything to do with him and had no contact for approx 5 years. During this time a court order had been established for support in which the presumed father stated that he was certain he was the father of the child. In November of 2012, the presumed father contacted me and wanted to begin seeing my son. I agreed and he began taking him for short periods of time ( a couple hrs every other sunday). After about a month he asked if he could have him overnight one night, my son wanted to spend the night so I agreed. During the night as my son was asleep, the presumed father performed a home DNA test. There was no contact from him after that night for about 6 weeks. Then I received a call from him stating that he was not my son's father. I was beside myself and we agreed to go to a reputable lab and have another test done. We did and low an behold it was the same result. We have since gone to court and I asked that the judge dismiss the support order as it wasnt right that he should continue to pay. I also asked to have him removed from the birth certificate so that I may persue the other possible party. The judge stated that in the state of MA he could not remove someone from a birth certificate unless there was another name to replace it right away. Because there is another name on my son's birth certificate, the courts said they cannot order a paternity test for another party. The other party is aware and is unwilling to have a paternity test done voluntarily. I am a single mother with limited funds and I am not sure what my next step is? My son is soon to be 9 and wants nothing more than to know who his father is. My heart is broken that my terrible actions have caused my son pain. I want nothing more than to fix this. Any advice is welcome.
My son is 8 yrs old. When he was born I was certain as to whom his father was. He and I were together and he signed my son's birth cerificate. He was in my son's life until he was a year old. After that he chose not to have anything to do with him and had no contact for approx 5 years. During this time a court order had been established for support in which the presumed father stated that he was certain he was the father of the child. In November of 2012, the presumed father contacted me and wanted to begin seeing my son. I agreed and he began taking him for short periods of time ( a couple hrs every other sunday). After about a month he asked if he could have him overnight one night, my son wanted to spend the night so I agreed. During the night as my son was asleep, the presumed father performed a home DNA test. There was no contact from him after that night for about 6 weeks. Then I received a call from him stating that he was not my son's father. I was beside myself and we agreed to go to a reputable lab and have another test done. We did and low an behold it was the same result. We have since gone to court and I asked that the judge dismiss the support order as it wasnt right that he should continue to pay. I also asked to have him removed from the birth certificate so that I may persue the other possible party. The judge stated that in the state of MA he could not remove someone from a birth certificate unless there was another name to replace it right away. Because there is another name on my son's birth certificate, the courts said they cannot order a paternity test for another party. The other party is aware and is unwilling to have a paternity test done voluntarily. I am a single mother with limited funds and I am not sure what my next step is? My son is soon to be 9 and wants nothing more than to know who his father is. My heart is broken that my terrible actions have caused my son pain. I want nothing more than to fix this. Any advice is welcome.
Establishing Paternity: Can You Have a Paternity Test Ordered for Someone Other Than the Father on the Bc
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