if your a father and are not on the childs birth certificate but married to the mother and getting a divorce and the mother is trying to tak...

Question

if your a father and are not on the childs birth certificate but married to the mother and getting a divorce and the mother is trying to take the child out of state and will not let you see them what can you do about it? im asking for a friend, im not sure if he was married when the child was born or after the child was born. the child is now 8 years old.

Answer

Your friend needs to ascertain the date of his marriage, and the date of the birth of his child, and take the information to an attorney. There are certain presumptions of parenthood here in Massachusetts which may assist in having him adjudicated the father. I think either way, the individual is going to have to establish the fact that he is the father of the child. If the parties are currently in the court system litigating their divorce, it should be fairly easy to have the parentage of the father determined. Feel free to refer your friend to our office, as we practice in the area of family law, including divorce and reproductive law. 617-357-4898.