Whether you are the mother or father, establishing paternity or defending against a paternity action can be an emotionally draining experience. At Lamb and Lamb, P.C., we understand the sensitive nature of paternity cases and represent both mothers and fathers who need legal assistance.
Our paternity attorneys in Salem, Massachusetts, strive to protect our clients’ rights and privacy in what might be an incredibly stressful and hostile process. We know the impact that establishing paternity can have on the lives of parents and children, which is why we are committed to providing compassionate and competent legal representation.
With over 20 years of experience, our attorneys work tirelessly to resolve paternity matters with minimum conflict and maximum efficiency. From our offices in Salem, we also serve clients in the surrounding area, including Lynnfield, Danvers, Beverly, and Peabody.
The term “paternity” refers to determining the child’s biological and legal father. Establishing paternity also means the father will have legal rights and responsibilities toward the child.
When parents are married, the establishment of paternity is automatic, as the husband’s name is automatically placed on the birth certificate. However, if the parents are not married to each other at the date of childbirth, they will need to take additional steps–either voluntarily or involuntarily–to establish paternity.
A paternity case may involve issues between individuals who never got married but conceived a child together or are presumed to have conceived a child. Sometimes, the question of paternity may arise when married parents seek a divorce.
At Lamb and Lamb, P.C., we represent both mothers and fathers in these sensitive and emotionally charged cases, which makes us uniquely equipped to see the issue from the opposite side’s perspective and argue in the client’s favor more effectively:
Mothers: For mothers whose children were born outside of marriage, establishing paternity can be the only way to secure child support and ensure their kids are financially supported and provided for.
Fathers: For fathers who never married their child’s mother, establishing paternity can be the only way to secure their parental rights and rightfully enjoy fatherhood.
Whether you are a mother or father, our paternity attorneys at Lamb and Lamb, P.C., are ready to assist you. We have experience with both establishing and defending against paternity actions.
Determining that a man is a child’s biological father has both legal and relational benefits. The legal benefits include:
The mother will have a right to petition for child support;
The father will have a right to petition for child custody and visitation/parenting time; and
Both parents will be able to work together to make decisions about the child’s upbringing and future.
The relational benefits include;
It can foster a sense of identity in the child as they will better understand who they are biologically connected to;
The mother can have peace of mind knowing that her child will be looked after by the father; and
The father can develop a meaningful relationship with their child and enjoy fatherhood.
Establishing paternity is also positive for the child’s health. By knowing who the child’s biological father is, the child’s doctors may be able to look at the child’s genetic history, which means more accurate diagnoses and better outcomes for health care.
One of the most straightforward ways to establish paternity is through a Voluntary Acknowledgment of Parentage (VAP). Both parents have to sign this document to confirm that the man is the child’s father. This document can be signed at the hospital when the child is born or later at the Registry of Vital Records and Statistics.
The steps to establishing paternity voluntarily include:
Sign the VAP: Both parents must sign the Voluntary Acknowledgment of Parentage form.
File the document: The parents must then submit the signed document to the Registry of Vital Records and Statistics.
Certificate update: The father’s name will be added to the birth certificate.
Once the VAP is signed and filed, it has the same legal effect as a court order determining paternity. Since voluntary acknowledgment doesn’t require a court order, the process is quicker and less stressful. Both parents get to avoid lengthy legal proceedings, and the father establishes his legal rights without delay. It’s a win-win for everyone involved.
The problem, however, is that not everyone agrees to go this route.
Sometimes, the paternity of a child may need to be established involuntarily, especially if one parent is unwilling to acknowledge their association with a child. In such cases, either parent can file a paternity lawsuit in family court. In some cases, the Department of Revenue Child Support Enforcement Division can initiate this process.
Genetic testing is usually ordered by the court to determine biological paternity. This involves collecting DNA samples from the mother, child, and alleged father. The test results can confirm paternity with over 99% accuracy.
The court reviews the genetic test results and other evidence before making a ruling. If the alleged father is determined to be the biological parent, the court will issue an order establishing paternity. This order can then be used to set child support, custody, and visitation/parenting time arrangements.
Since founding the practice on January 4, 1999, Monique has dedicated her career to family law, providing clients with compassionate yet practical guidance through some of life’s most challenging moments. With over two decades of experience, she understands the complexities and emotional toll of family law cases and focuses on achieving resolutions while minimizing unnecessary conflict. [ ATTORNEY BIO ]