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If the parents arent married, the father must first establish paternity before seeking custody of his child. A judge may establish paternity if one parent files for paternity in court, or if both parents sign and file a voluntary acknowledgement form, which the father may have already signed when the child was born.
The state of Massachusetts is not a 50/50 state or a community property state. This means that, if the court must decide, all the property, assets, and liabilities are not necessarily divided equally between the two parties, as is the case in some states.
Either or both parents can file for sole or shared custody in Massachusetts.
If you are not married, the mother has sole physical and legal custody of your child, even if there is no court order about custody. A mother might need to get a court order that says she has custody if her childs father: tries to keep her from having their child live with her, or.
Establishing parentage means determining the other legal parent of a child. There are 2 ways to establish parentage. You can establish parentage by signing a voluntary acknowledgement form or you can ask the court to establish parentage.
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The law requires judges to base custody on the needs of the children, and neither parent begins with any greater right to custody than the other. Massachusetts law does not list specific factors to be considered in determining a childs best interests, allowing judges a great deal of discretion in making decisions.
The tissue samples from the cotton swab are sent to a lab that specializes in genetic marker testing. The lab compares the tissue samples from the mother, the child, and the man to see what special characteristics known as genetic markers the child shares with the mother and the man who may be the father.
Massachusetts laws MGL c. 209C, 10 Award of custody; criteria. Prior to or in the absence of an adjudication or voluntary acknowledgment of paternity, the mother shall have custody of a child born out of wedlock.
If you are an unmarried father, you will only acquire parental responsibility if one of the following applies: You obtain parental responsibility in a family court, either by a parental responsibility order or an order that the child lives with you; or.
A man is presumed to be the father of a child and must be joined as a party if (1) he is or has been married to the mother and the child was born during the marriage, or within three hundred days after the marriage was terminated by death, annulment or divorce.

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