Did you know that if you are the father of a child born out of wedlock
and you do not have either a legal written custody agreement filed with
the Massachusetts Probate Court or an order/judgment from the court granting
you custody, you do not have custody of your child? This is true even if
you have filed a Voluntary Acknolwedgment of Parentage Form, you are listed
as the father on the birth certificate, the child has your last name or
even if you are living with the child or are the sole or primary caretaker
for the child.
What this means is that the mother has sole physical and
legal custody und Massachusetts law unless/until you are granted custody
by the Court or you and the mother come to an agreement and file it with
the Court. This can cause serious problems if your relationship with the
mother ends, specifically if the mother decides to move away with the child,
either interstate or out of the country. This also means that you have
no legal right to make decisions about the child's medical care, education
and religious upbringing. You still have a legal obligation to provide
financial support/child support for your child.
Children
Born Out of Wedlock, Massachusetts Laws
(M.G.L. chapter 209C)