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Here
is a courthouse in Plymouth County.
Do
you know what court it is and where it is located?
(Click here for answer.)
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NEVER MARRIED PARENTS
Massachusetts General Laws Chapter 209c
is the statute that pertains to paternity, or children of unmarried
parents. There are two complaints that may be filed related to
never married parents. At the time of the child's birth, the
parents are requested to sign a Voluntary Acknowledgment of
Paternity. Assuming that both parents sign the acknowledgment,
the father's name will then be placed on the birth certificate.
However, in some instances, the father may, for whatever reason, not
sign the acknowledgment, and therefore the father's name is left
blank on the birth certificate. In the event that the father
has not signed the acknowledgment of paternity, when either mother, father, or child seeks child
support or other orders from the probate court, a Complaint for
Paternity would be filed. However, if both parents have signed
an Acknowledgment of Paternity, then the mother, father, or child
would file a Complaint for Custody, Support, and Visitation,
providing a certified birth certificate, including the date the
Voluntary Acknowledgment was signed. In the event that there is
an issue of custody or visitation for a child who is fourteen (14)
years or older, the child shall be made a party to the action.
Pursuant to the statute, prior to or in the absence of a court order
of custody, the mother shall have custody of the child born out of
wedlock. This often causes confusion for parties prior to
obtaining any orders from the probate court. The police do not
always recognize and understand that the mother has custody without a
court order. As a result, the police will often advise people
to go to court to obtain a court order if they respond to a domestic
abuse situation. There are several unique factors which the
court must consider in making a custody order in a paternity
matter. A court may order custody to one parent, or order joint
custody, or may order custody to another suitable person, with the
goal of preserving the relationship between the child and the primary
caretaker parent. At any custody hearing, the court must
consider where and with whom the child has resided within six (6)
months immediately preceding the proceedings. The court would
take note of those facts, particularly if the child has been living
with only one parent for some time, and that parent has been solely
responsible for meeting that child's needs during that time.
The court would also consider whether one or both of the parents has
established a personal and parental relationship with the child, or
has exercised parental responsibility in the best interests of the
child. The court can award joint custody only if there is an
agreement or the parents have exercised joint responsibility prior to
the proceedings, and have the ability to communicate and plan with
each other concerning the child's best interests. This is an
important consideration that relates to the length of the
relationship the father and mother had, either prior to and/or after
the birth of the child. There is no presumption of shared legal
custody at the temporary order stage.
Complaints are often filed by the Department of Revenue on behalf of
a parent who has a child born out of wedlock and has been receiving
either Transitional Assistance, MassHealth,
or other services. Temporary Orders may be filed, and a hearing
requested for Temporary Orders related to visitation, child support,
and/or custody. At that time, orders will be issued regarding
these, and there may also be a request on behalf of the alleged
father to have a genetic marker test. In the event that there
is a question as to whether or not an individual is the father of a
child, it is essential that the father obtain a genetic marker test,
which involves testing both parents and the
minor child, prior to entering into any agreement or stipulation
regarding child support. Case law suggests that in the event
that an individual agrees that the child is his, and does in fact pay
child support for a period of time, he may be obligated to continue
paying child support even if a later DNA genetic marker test
indicates that he is not the biological father. Individuals
should consult with an attorney regarding this very important issue.
Each parent is responsible to contribute to the support and
maintenance of his or her child. In paternity cases, the courts
can, and must in certain circumstances, order retroactive child
support to the date of the child's birth. As always, the court
must take into consideration the ability of the parent to make child
support payments during that retroactive period of time.
Additionally, the court may order attorney's fees for the parent
seeking to have paternity adjudicated/determined, as case law
suggests that child support should not have to be utilized to compel
a parent to pay his or her child support obligations. Specific
questions regarding whether or not to file a Paternity Complaint
and/or a Complaint for Custody, Support, and Visitation should be
considered carefully. Consultation with an experienced family
law practitioner is essential, as there are financial issues and
responsibilities that need to be considered, and addressed
appropriately, at each step of the process, commencing with the
filing of a complaint, ending with a judgment of paternity.
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LAW DAY
May 1st is Law Day. Law Day is a day set aside to
celebrate the rule of law of our country. It focuses on the law
and the legal processes that contribute to the freedoms that we, as
Americans, share. The first Law Day was celebrated on May 1,
1958, created by a proclamation by President Dwight D.
Eisenhower. Law Day was formerly recognized by a joint
resolution of congress in 1961. The official date for Law Day
is May 1st, although celebrations often take place either before or
after that date. Some bar associations celebrate Law
Week. In Plymouth County the American Bar Association selects a
theme. 2009 is "A Legacy of Liberty, Celebrating Lincoln's
Bicentennial." 2009 marks the bicentennial of Abraham Lincoln's
birth, who, according to the American Bar Association, is one of our
greatest and most eloquent presidents. Lincoln devoted much of
his adult life to the practice of law, and his experience in the law
helped form both his actions and his oratory skills. For Law
Day 2009 the American Bar Association encourages local bar
associations to celebrate and commemorate Lincoln by exploring the
theme A Legacy of Liberty.
Throughout the state, but particularly in Plymouth County, Law Day is
an annual celebration. Different programs and activities are
schedule in many of the courts within the Commonwealth. In
Plymouth County, as part of the May 7, 2009 celebration of the 150th
anniversary of the Superior Court, many Law Day activities are scheduled.
Additionally, there will be programs in the Hingham and Brockton
District Courts. For further information, please see www.plymouthcountybar.com.
Also, for further information about the American Bar Association or
about Law Day 2009, please see www.abanet.org.
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 Brockton Superior Courthouse
The picture
on this month's newsletter is the Superior Court in Brockton on
Belmont Street. There is also a Superior Courthouse in
Plymouth, located in the new courthouse at 52 Obery
Street. Prior to the new courthouse opening in 2007, the court
was located on Court Street in downtown Plymouth.
The Plymouth Superior Court is celebrating its 150th Anniversary
celebration this year. On May 7, 2009, there will be a daylong
event celebrating its 150 years of history. The celebration
will also include and incorporate the annual law day celebration at
that time. High School students have been invited to tour the
courthouse, and participate in discussions with judges. There
will be historical exhibits on display in the courthouse lobby.
Additionally, a naturalization ceremony for new citizens and their
families, as well as distinguished guests who have previously been
naturalized in Plymouth County, will take place in late
morning. There will be an afternoon reception, and tours of the
courthouse that will complete the day. Please check the PCBA (Plymouth County Bar Association) website
for an agenda of the day's events, www.plymouthcountybar.com.
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PROBATE COURT FILES . . .
The majority of Plymouth Probate &
Family Court files are kept in Plymouth. However, all paternity
and restraining order files are housed in the Brockton
courthouse. Please keep that in mind when you wish to review the
original court file.
In Norfolk County, which has only one session, all of the court files
are at the Canton location.
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COMING IN NEXT MONTH'S ISSUE . . .
Child Support Payments and the Department of
Revenue
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If anyone has a topic that would be of general interest, please do not
hesitate to contact the office and let us know what items would be of
general interest to the readers of this newsletter.
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