Parentage | Begley Law – Massachusetts Parentage Attorney

Q: Who has custody before a court order is in place?

If the parents are married, both share equal custody. If unmarried, the person who gave birth has sole legal and physical custody until a court issues an order.

How Parentage Is Established

Parentage is the legal relationship between a parent and child, carrying significant rights and responsibilities. As of January 1, 2025, the Massachusetts Parentage Act (MPA) ensures equal treatment for all children and families, including LGBTQ+ families, and those formed through assisted reproduction or surrogacy.

Parentage can be established in several ways in Massachusetts:

Marriage: If parents are married when a child is born, both are automatically the legal parents. A spouse is also considered a presumed parent if the child is born within 300 days of the marriage ending.

Voluntary Acknowledgment of Parentage (VAP): Unmarried parents who agree on parentage can sign a VAP form (at the hospital or later at the Registry of Vital Records and Statistics). This form, once properly completed and filed, has the same effect as a court order.

Court Order (Adjudication): If parents do not agree, or if parentage is established through assisted reproduction or surrogacy, a Complaint to Establish Parentage can be filed in the Probate and Family Court. A judge may order genetic (DNA) tests as part of this process.

De Facto Parentage: The MPA codifies de facto parent status for individuals who have lived with the child for a significant period, consistently provided care without compensation, and had the consent of the legal parents to establish a parental relationship.

Assisted Reproduction/Surrogacy: The MPA provides clear paths for intended parents (including non-biological parents) in these situations to establish legal parentage.

Key Rights And Responsibilities

Establishing legal parentage is crucial for a child's well-term stability, ensuring rights and responsibilities that include:

Decision-Making: The right to make major decisions about medical care, education, and religious upbringing (legal custody).

Parenting Time: The right to physical custody and a parenting schedule (parenting time) in the event of parental separation.

Financial Support: The responsibility to provide for the child's basic needs, including housing, food, clothing, and health insurance, potentially including child support obligations.

Benefits: The child may be eligible for health insurance coverage, Social Security, pension, veteran's, and inheritance benefits from both legal parents.

Important Considerations

Unmarried Mothers' Initial Custody: Before a court order or a VAP is in place, an unmarried mother has sole legal and physical custody of the child.

Challenging Parentage: A signed VAP can be rescinded (canceled) within 60 days. After that period, it can only be challenged in court under limited circumstances like fraud, duress, or a material mistake of fact within one year.

Multiple Legal Parents: Under the MPA, a court can determine that a child has more than two legal parents if it is in the child's best interest.

Given the complexities and the new legislation, consulting with a family law attorney is recommended to understand specific rights and the best path forward for establishing parentage.

Here Are Frequently Asked Questions Regarding Parentage, Custody, And Parenting Time In Massachusetts:

Parentage (Paternity)

Why do I need to establish parentage?

Establishing parentage determines the legal parents of a child. For unmarried parents, this step is necessary before a court can issue orders for child custody, parenting time, or child support.

How can parentage be established in Massachusetts?

Parentage can be established in two ways:

Voluntary Acknowledgment: Both parents sign a Voluntary Acknowledgment of Parentage form, often at the hospital when the child is born, and file it with the court.
Court Order: A parent can file a complaint in the Probate and Family Court to have a judge legally establish parentage.

Is there a time limit to establish parentage?

No, parentage can be acknowledged at any time during the child's life.

What if we disagree on who the father is?

Common questions about paternity and paternity tests are addressed by legal aid sources and usually involve genetic marker testing to determine legal parentage.

Custody and Parenting Time

What is the difference between child custody and parenting time?

Child custody refers to the legal rights and responsibilities of parents. It includes:

Legal Custody: The right to make major decisions about the child's well-being, including education, medical care, and religious upbringing.
Physical Custody: Where the child lives the majority of the time. The parent with primary physical custody usually receives child support.

Parenting time (sometimes called visitation) refers to the schedule for the non-primary physical custody parent to spend time with the child. A court-approved agreement or order details when and where these visits will occur.

How does the court decide custody and parenting time issues?

The court always makes decisions based on the best interests of the child. Factors a judge will consider include:

The child's well-being in school and the community.
The child's relationship with each parent and other family members.
The parents' history of abuse, drug use, or abandonment.
Who has been the child's primary caregiver in the past.
The child's preference, depending on their age and maturity, though this is not the deciding factor.

Who has custody before a court order is in place?

If the parents are married, both parents share equal legal and physical custody until a court orders otherwise.
If the parents are not married, the person who gave birth has sole legal and physical custody until a court issues an order.

Can a parent move to another state with the children?

If a custody order is in place, the parent must get permission from the court to move the children to another state. A parent cannot simply take the children and move.

Can a child refuse to see a parent?

There is no specific age in Massachusetts law where a child can refuse visitation. The court considers the child's age and maturity when making decisions, but the ultimate decision is based on the child's best interests.

Can I change an existing custody or parenting time order?

Yes, you can file a Complaint for Modification in the Probate and Family Court. You will need to show the court that a significant change in circumstances has occurred since the last order was issued and that the proposed change is in the child's best interests.

What if I have safety concerns about the other parent?

If there are concerns about a child's safety, the court can order supervised visitation or monitored exchanges at a designated center. If a parent has a history of abuse, the court will place a greater emphasis on safeguards for the child.