What rights does a birth father have? 2 Answers as of March 20, 2012

My husband is not the father of our daughter. The birth father would like the child to have his name and to have rights to see her and be involved in her life. What legal rights does he have, and how must he go about attaining them? How can I protect myself?

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Law Office of Joan M. Canavan | Joan Canavan
The birth father has every right to see his duaghter and be involved in her life unless he is an unfit or neglectful parent. He would have to file a Complaint for Visitation and establish paternity of your daughter and the Court would hold a hearing to determine what , if any, visitation he should have with your daughter. There is really nothing you can do except wait for a Complaint for Visitation to be served on you. If there is a good reason for him not to see your daughter, you will have to establish that he is unfit or neglectful. In the event that he does file for visitation, I would also suggest that you file a counterclaim seeking child support for your daughter.
Answer Applies to: Massachusetts
Replied: 3/20/2012
Correia-Champa & Mailhot
Correia-Champa & Mailhot | Susan Correia Champa
If your child was born prior to the marriage to your Husband, the Father of the child has parental rights. In order to exercise those parental rights he would have to file a complaint for paternity and establish a child support order and a visitation/parenting schedule. I would suggest that you speak to an attorney because there are many questions that need to be asked to better advise you as to how much visitation he would receive.
Answer Applies to: Massachusetts
Replied: 3/20/2012
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