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CHAPTER 7
PATERNITY ISSUES
PAULINE QUIRION, ESQ.
Greater Boston Legal Services, Boston
General Overview .......................................................................................................... 196
Paternity Adjudication ............................................................................................... 196
Motherhood Adjudication .......................................................................................... 197
How to Establish Paternity and Have a Father Listed on the Birth Certificate ....... 197
Acknowledgments Made Out of Court Before April 14, 1994 .................................. 197
Acknowledgments Made Out of Court Between April 14, 1994
and March 31, 1998.................................................................................................. 198
Paternity Acknowledgments Made Out of Court On or After March 31, 1998 ......... 198
Proving Paternity ...................................................................................................... 199
When Paternity Can Be Established ........................................................................ 200
Prebirth Orders .................................................................................................. 200
Cases Involving Minors or Paternity Adjudications for Adults ........................... 200
What to Consider Before Filing a Paternity Case ..................................................... 200
Where to File a Chapter 209C Case ........................................................................ 200
Custody of the Child if the Parents Are Not Married ................................................ 200
The Process ................................................................................................................... 201
Step 1—Draft the G.L. c. 209C Complaint ............................................................... 201
Step 2—Fill Out a Care and Custody Disclosure Form ............................................ 202
Step 3—File an Affidavit Disclosing Care and Custody Proceedings ...................... 202
Step 4—File an Indigency Form (If It Applies) ......................................................... 202
Step 5—File a Public Assistance Affidavit ............................................................... 202
Step 6—Make Copies .............................................................................................. 202
Step 7—Obtain a Summons ..................................................................................... 202
Step 8—Get a Docket Number ................................................................................. 202
Step 9—Serve the Complaint, Summons, and Affidavit Disclosing Care
and Custody Proceedings ........................................................................................ 202
Step 10—File Original Summons ............................................................................. 203
Step 11—Notify the Department of Revenue if Required ........................................ 203
How to Answer the Complaint if You Are the Defendant .......................................... 203
Motions for Temporary Orders .................................................................................... 203
What Temporary Orders Can the Judge Enter in Your Case? ................................ 203
Filing a Motion and Getting a Hearing Date....................................................... 204
Emergency Motions ........................................................................................... 204
Genetic Marker Testing ................................................................................................ 204
Genetic Marker Testing Motions .............................................................................. 205
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Who Is Responsible for Child Support if the Parents Are Not Married? ................. 206
Child Support Motions .............................................................................................. 206
Custody and Visitation ................................................................................................. 207
Preparing for the Motion Hearing ................................................................................ 207
What to Do on the Day of the Motion Hearing .......................................................... 208
What Happens if You Are Referred to the Probation Department ........................... 208
Appearing Before the Judge ..................................................................................... 208
Case Management Conferences, Pretrials, and Trials .............................................. 208
Modification of “Final” Orders ..................................................................................... 209
Modification by DOR ................................................................................................. 209
The Effect of Marriage on a Paternity Case ................................................................ 209
CHECKLIST 7.1—Checklist for a Party Filing a Complaint ....................................... 210
CHECKLIST 7.2—Paternity Checklist for a Party Served with a Complaint ........... 211
EXHIBIT 7A—Complaint to Rescind Paternity Acknowledgment ............................ 212
EXHIBIT 7B—Complaint to Establish Paternity ......................................................... 213
EXHIBIT 7C—Complaint for Custody, Support, and Parenting Time ......................... 214
EXHIBIT 7D—Public Assistance Affidavit .................................................................. 216
EXHIBIT 7E—Answer Admitting Paternity .................................................................. 217
EXHIBIT 7F—Answer Denying Paternity .................................................................... 218
EXHIBIT 7G—Motion for Custody and Child Support ............................................... 219
EXHIBIT 7H—Motion for Parenting Time .................................................................... 221
EXHIBIT 7I—Motion for Genetic Marker Testing ........................................................ 223
EXHIBIT 7J—Proposed Temporary Order .................................................................. 225
EXHIBIT 7K—Motion to Rescind the Paternity Acknowledgement
and Request Genetic Marker Testing .......................................................................... 226
EXHIBIT 7L—Affidavits in Support of Motion for Genetic Marker Testing .............. 228
EXHIBIT 7M—Request for a Case Management Conference .................................... 230
EXHIBIT 7N—Settlement Conference Memorandum ................................................. 232
EXHIBIT 7O—Joint Agreement to Participate in the Early Case
Settlement Process ....................................................................................................... 236
EXHIBIT 7P—Voluntary Request for Settlement Conference ................................... 237
EXHIBIT 7Q—Stipulation for Voluntary Acknowledgement of Parentage............... 239
EXHIBIT 7R—Affidavit of Nonpaternity ....................................................................... 241
EXHIBIT 7S—Motion for Release of Birth Certificate ................................................ 242
GENERAL OVERVIEW
Paternity Adjudication
The process of having a man legally declared the father of a child is called “establishing paternity.”
A court case related to a child born to parents who have never been married to each other is called a “paternity” or
“Chapter 209C” case, referring to the paternity law, G.L. c. 209C. The Probate and Family Court has the power to
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enter orders for child support, health insurance, uninsured medical expenses, custody, visitation, and other issues
related to a child born outside of marriage. Being declared the father of a child is a serious matter and creates legal
rights and responsibilities that have long-lasting consequences for each parent and the child. It is advisable that both
parents seek legal advice from an attorney to ensure that their rights are protected, especially in cases where there
are some questions as to who is the father of the child.
In this chapter, the parent with whom the child resides is referred to as the “custodial parent” and the other parent is
referred to as the “noncustodial parent.” The Massachusetts Department of Revenue Child Support Enforcement is
referred to as “DOR.”
Motherhood Adjudication
Chapter 209C may be used to determine the existence of a mother-and-child relationship and “[i]nsofar as
practicable, the provisions of this chapter applicable to establishing paternity shall apply.” G.L. c. 209C, § 21.
Chapter 209C also can apply to same-sex partners who have children together. The Supreme Judicial Court recently
ruled that“[n]othing in the language of G.L. c. 209C expressly limits its applicability to parentage claims based on
asserted biological ties.” Partanen v. Gallagher, 475 Mass. 632, 638 (2016). Chapter 209C, § 6(a)(4) provides that
in all actions under Chapter 209C, “a man is presumed to be the father of a child and must be joined as a party if,
while the child is under the age of majority, he, jointly with the mother, received the child into their home and
openly held out the child as their child. . . .” The Supreme Judicial Court held that while this language refers only to
males, the statute applies to children born to same-sex couples even if one member of the couple lacks biological
ties to the child. The court noted that “courts in other jurisdictions have read comparable provisions to establish
presumed parentage in the absence of biological relationships, and have done so, in part, out of concern for the
welfare of children born out of wedlock.” Partanen v. Gallagher, 475 Mass. at 642. Thus, in Partanen v. Gallagher,
a woman who lived with a child and the child’s parent, and together with that parent held herself out to be the
child’s parent, was permitted to file a claim for adjudication of parentage under Chapter 209C.
For a more detailed discussion of adjudication of motherhood issues, see Paternity and the Law of Parentage in
Massachusetts (MCLE, Inc. 2d ed. 2009).
HOW TO ESTABLISH PATERNITY AND HAVE A FATHER LISTED
ON
THE BIRTH CERTIFICATE
One way to establish paternity is to file a paternity case in court. The court can legally declare that a man is the
father, and then order that the father’s name be added to the birth certificate. G.L. c. 209C, § 8; see also G.L. c. 46,
§ 13. Prior to April 14, 1994, filing a court case was the only way to establish paternity. Unmarried parents could
have the father named on the birth certificate, but this only created a “presumption of paternity” and did not legally
establish paternity. G.L. c. 209, § 6(a)(6). Only a court order could legally establish paternity if a child was born
outside of marriage. Without a court order establishing paternity, a mother could not seek a child support order, nor
could a father seek a visitation or custody order.
Paternity can now also be established outside the court process if the child’s parents are in agreement about who is
the child’s father. G.L. c. 209C, § 11; G.L. c. 209C, § 5(b); G.L. c. 46, § 3C. Hospitals now provide parents the
opportunity to sign a paternity acknowledgment form at the time of the child’s birth. G.L. c. 209C, § 5(b); G.L.
c. 46, § 3C. If both parents sign the form at the hospital or later at the city clerk’s office in the city where the child
was born, the Registry of Vital Statistics lists the father on the birth certificate. G.L. c. 46, §§ 12–13.
Acknowledgments Made Out of Court Before April 14, 1994
Acknowledgments made out of court before April 14, 1994 do not establish paternity, but they do create a
presumption of paternity. G.L. c. 209C, § 6(a)(6). Nevertheless, you can sign additional acknowledgments under the
current law to adjudicate paternity. G.L. c. 209C, § 11.
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Acknowledgments Made Out of Court Between April 14, 1994 and March 31, 1998
If a child was less than six months old when the parents filed the voluntary acknowledgment out of court, the man is
presumed to be the father, but either parent has the right to request genetic marker testing within a year of filing the
acknowledgment to prove that the man is not the father. If neither party does so, the voluntary acknowledgment
becomes final and has the same effect as a court judgment establishing paternity. G.L. c. 209C, § 11(a); Historical
and Statutory notes to Massachusetts General Laws Annotated, G.L. c. 209C, § 11.
If a child was six months of age or older when the parents filed the voluntary acknowledgment out of court, the right
to genetic marker testing was waived and the acknowledgment has the same effect as a final court judgment. G.L.
c. 209C, § 11(a).
Paternity Acknowledgments Made Out of Court On or After March 31, 1998
An out-of-court acknowledgment of paternity that was not registered in court or incorporated into a judgment has a
different legal effect depending on when it was executed.
The law was changed effective March 31, 1998 to provide that a parent has only sixty days to rescind (cancel) an
acknowledgment of paternity made out of court on or after March 31, 1998. To rescind the acknowledgment, the
mother or father must file a court case in the Probate and Family Court for the county where the child resides. A
sample complaint to rescind acknowledgment is included in Exhibit 7A. If a complaint to rescind acknowledgment
is filed, the law provides that the court must order genetic marker testing. The initial acknowledgment is a sufficient
basis to order genetic testing and for admitting results of the genetic marker tests into evidence. G.L. c. 209C, § 11.
The “responsibilities” of a parent (i.e., to pay support according to a support agreement) “shall not be suspended
during such challenge unless the court so orders for good cause shown.” G.L. c. 209C, § 11.
In general, except for the sixty-day period, it is difficult to set aside an acknowledgment; this is due to the fact that,
if it is signed in court or more than sixty days have passed since it was signed outside of court, the acknowledgment
is viewed as the equivalent of a final judgment of the court.
If neither parent rescinds the out-of-court acknowledgment within sixty days, the acknowledgment has the effect of
a judgment subject to challenge within a year for the following reasons:
• fraud (you were lied to or tricked);
• duress (you were forced against your will); or
• a material mistake of fact (you thought the man was the father but it was based on a genuine mistake about
the facts, e.g., you later find out the man listed as the father is sterile).
The two leading cases on challenges to paternity judgments are Paternity of Cheryl, 434 Mass. 23 (2001), and
Anderson v. Anderson, 407 Mass. 251 (1990). The Supreme Judicial Court has noted that there is a “compelling
public interest in the finality of paternity judgments.” Paternity of Cheryl, 434 Mass. at 31. What is in a child’s best
interests will often weigh more heavily than the genetic link (or lack thereof) between the parent and child. The
focus of a parent pursuing an untimely challenge to paternity is often on the concerns of adults, but children’s lives
are at the center of any paternity dispute. Thus, an adjudicated father’s interest in no longer paying support does not
trump a child’s rights and interests. “As a general matter . . . challenges to paternity under rule 60(b) should not be
permitted beyond ‘a relatively brief passage of time.’” Paternity of Cheryl, 434 Mass. at 31.
The rules about setting aside a judgment are technical, so it is best to consult a lawyer and to do so as soon as you
discover any reason why the acknowledgment or judgment should be set aside. In addition, if paternity was
adjudicated in a court case and you did not participate in the court case (i.e., you did not file an answer and did not
appear in court for hearings, etc.), there may be other grounds to reopen the judgment. G.L. c. 209C, § 8; Mass. R.
Dom. Rel. P. 60(b).
Practice Note
If the mother was married to another man when she became pregnant or the child was born within 300
days of her divorce, her husband is presumed to be the father of the child. G.L. c. 209C, § 6. To have the
biological father listed on the birth certificate, the parents must also obtain the notarized signature of the
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mother’s husband (or former husband) on a form denying paternity or a court order declaring that the
husband is not the father. G.L. c. 46, § 13; G.L. c. 209C, § 11(a). Paternity acknowledgements are
invalid unless all three parties sign the required forms. In D.H. v. R.R., 461 Mass. 756 (2012), the
Supreme Judicial Court held that an acknowledgment of paternity is invalid as a matter of law when the
child is presumed to be a child of a marriage and the mother’s spouse did not execute a Denial of
Paternity form that was jointly signed by the mother. Where the mother died without executing the
required form with her husband, the acknowledgment was invalid although (1) the putative father who
signed the acknowledgement did not know the mother was married when he executed the
acknowledgment, and (2) the husband later signed the Denial of Paternity form.
For a more detailed discussion of paternity issues, see Paternity and the Law of Parentage in Massachusetts
(MCLE, Inc. 2d ed. 2009).
Proving Paternity
Paternity is rarely disputed after genetic marker testing is performed. However, if a party still contests paternity after
receipt of genetic testing results, the mother or father trying to prove paternity should be ready to offer testimony
regarding sexual intercourse with the other party during the probable period of conception. The putative father may
try to allege that another man is the father despite the testing results. However, testimony about sex with unknown
men at any time or sex with other men at any time other than the probable period of conception is not allowed unless
the mother offers it. G.L. c. 209C, § 16; see also G.E.B. v. S.R.W., 422 Mass. 158 (1996) (evidence of alleged
prostitution outside probable period of conception held inadmissible).
The mother’s testimony of sexual intercourse with a putative father during the probable period of conception has
been held to be enough, by itself, to establish paternity by clear and convincing evidence. Department of Revenue v.
Spinale, 406 Mass. 1007 (1990). However, in cases where paternity is contested, it is advisable to obtain genetic
marker testing to ensure that any doubts are more likely to be resolved in favor of establishing paternity. Likewise, a
falsely accused putative father could use the results to prove that he is not the child’s father.
The putative father will have to overcome “presumptions” that he is the father of the child at trial in the following
circumstances:
• if genetic marker testing results indicate a probability of paternity of at least 97 percent (G.L. c. 209C, § 17);
• if he is listed as the father on the child’s birth certificate (G.L. c. 209C, § 6(a)(6));
• if he lived with the child and the mother and held himself out to others as the child’s father (G.L. c. 209C,
§ 6(a)(4));
• if he married the mother after the child was born and agreed to support the child under a written voluntary
agreement or “engaged in any other conduct which can be construed as an acknowledgment of paternity”
(G.L. c. 209C, § 6(a)(3));
• if he was married to the mother while the mother was pregnant or when the child was born, or if the child
was born within 300 days of their divorce (G.L. c. 209C, § 6(a)(1)).
At a minimum, at most paternity trials, a parent trying to prove paternity should ask the court to accept trial exhibits,
which include a certified copy of the child’s birth certificate (self-authenticating pursuant to G.L. c. 46, § 19 and
Mass. R. Dom. Rel. P. 44(a)(1)) and the properly certified genetic marker testing report showing the putative father
to be the father. A plaintiff or defendant wanting to use a testing report to prove or disprove paternity should make
arrangements to get the original or a properly certified copy of the report from the lab or should subpoena the
laboratory’s report for the trial. G.L. c. 209C, § 17. If either party has letters or other documents that reflect
admissions of paternity by the other party and can authenticate the signatures because he or she is familiar with the
other party’s signature, these can be offered into evidence. If either party has witnesses who can offer evidence of
admissions of paternity or otherwise help prove or disprove paternity, their testimony may be relevant. Likewise,
documents obtained in “discovery” may be helpful in proving paternity.
See chapter 2, Overview of the Probate and Family Court, for information on discovery.
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When Paternity Can Be Established
Paternity cannot be legally established until the child is born even though the father and the mother-to-be have
agreed verbally or in writing that she is pregnant with his child. G.L. c. 209C, § 14. Once the child is born, paternity
can be established voluntarily or by court order.
Prebirth Orders
The mother, but not the father, is allowed to file a court case while she is pregnant. G.L. c. 209C, § 14. In 1998, the
law was amended to allow the court to enter temporary orders for support or health insurance while the mother is
pregnant, and pending a final judgment of paternity. G.L. c. 209, § 14. A court, however, might limit support orders
entered before the birth of a child to cases where paternity is not contested or it is clear that the putative father is the
child’s father. If a child support order is made, the support payments might be ordered into an escrow account.
Practice Note
Chapter 209C has always permitted a mother to recover health-care costs attributable to the child or
associated with childbirth or resulting from the pregnancy. G.L. c. 209C, § 9.
Section 14 of Chapter 209C, which provides for prebirth support, has yet to be interpreted by Massachusetts
appellate courts apart from cases involving advanced reproductive technology (formerly referred to as artificial
insemination). For example, the Supreme Judicial Court cited Section 14 and indicated that a judge could enter
orders to establish paternity after the death of the father where the paternity action was commenced during a
pregnancy that resulted from the wife using the frozen gametes of her deceased spouse with his consent. Woodward
v. Comm’r of Soc. Sec., 435 Mass. 536, 551 n.20 (2002).
Cases Involving Minors or Paternity Adjudications for Adults
Age is not a bar to paternity. Paternity can be acknowledged and established even if one or both of the parents is
under the age of eighteen. G.L. c. 209C, § 5(b). Likewise, an adult child over the age of majority may file a
complaint to establish paternity. G.L. c. 209C, § 5(a).
What to Consider Before Filing a Paternity Case
Once paternity is established, the father has a legal obligation to support his child and can be ordered by the court to
pay support. He also has the right to seek court orders for custody or visitation of the child. A child whose paternity
has been established is in a better position to receive an inheritance or to obtain Social Security benefits in the event
that the father passes away. A child who knows his or her father may have an easier time tracking the father’s
medical history, which might be important if the child has medical problems.
Where to File a Chapter 209C Case
The Probate and Family Court, the District Court, and the Boston Municipal Court have jurisdiction over cases
under Chapter 209C to establish paternity, support, and health insurance for a child, but only the Probate and Family
Court can enter orders for visitation or custody of the child. G.L. c. 209C, § 3(a). The case must be filed in the
county or judicial district where the child resides. G.L. c. 209C, § 4.
Practice Note
Actions to adjudicate paternity were decriminalized in 1986 and, since that time, it is unheard of to file a
Chapter 209C action in the District Court or Boston Municipal Court.
Custody of the Child if the Parents Are Not Married
If you are the mother of a child born outside of marriage, Chapter 209C provides that you have custody of your child
unless a court enters an order taking custody away from you. G.L. c. 209C, § 10. If you are the father of a child born
outside of marriage, you can seek an order for custody of your child as well as visitation from the Probate and
Family Court once you have been legally declared the father. G.L. c. 209C, § 10. Without a court order for custody
or visitation of the child, a father has no legally enforceable right to see or take the child unless the mother agrees.
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THE PROCESS
Step 1—Draft the G.L. c. 209C Complaint
Your first step in filing a Chapter 209C complaint is to fill out a complaint form. These forms are readily available
at the Probate and Family Court’s register’s office and on the Probate and Family Court website at http://www
.mass.gov/courts/forms/pfc/pfc-forms-gen.html.
A sample complaint to establish paternity is included as Exhibit 7B. If your situation involves more than one child,
you must fill out a separate complaint for each child. The types of relief that a party can request under Sections 8, 9,
10, and 15 of Chapter 209C include the following:
• adjudication of paternity;
• listing of the father’s name on the birth certificate;
• payment of child support and provision of health, dental, and optical insurance for the child;
• retroactive child support payments dating back to the child’s date of birth;
• payment of health, dental, and optical insurance for the child;
• payment of health coverage and birth expenses related to the mother’s pregnancy and birth of the child;
• child custody and parenting time; and
• vacate, restraining, or no-contact orders to protect a party or child from abuse.
If you are unable to fit all your requests onto the court form, you can add a second page, but be sure to write “see
second page” on the first page. All pages of the complaint will have to be “served” on the other party.
The person who files the court case is the “plaintiff” and the other party is the “defendant.” If you are a mother who
was married at the time you became pregnant or at the time you gave birth and your current or former husband is not
the father, you have to list him as a second defendant if you file a paternity case. G.L. c. 209C, § 6(a). The only
exception to joining him as a party is if the court in a divorce or other case has already made a written finding that
he is not the father of your child. G.L. c. 209C, § 6(b).
If you are the father of a child whose mother was married to someone else at the time of your child’s birth or when
the child’s mother became pregnant, you are not permitted to bring a court case under Chapter 209C. G.L. c. 209C,
§ 5. This is because there is a public policy in favor of protecting the so-called legitimacy of a child born to married
parents. C.C. v. A.B., 406 Mass. 679 (1990). However, you may be able to bring an “equity complaint” if you have a
substantial relationship with your child. M.J.C. v. D.J., 410 Mass. 389 (1991); C.C. v. A.B., 406 Mass. 679 (1990).
Information about filling an equity complaint is beyond the scope of this book. Consult an attorney if you are a
father wanting to establish paternity in this situation and the mother is unwilling to file a paternity complaint.
Practice Note
The paternity law permits excluding an address from a complaint for “good cause.” G.L. c. 209C, § 13. If
listing your address or phone number will jeopardize the safety of you or your child, seek legal help and
talk to someone in the register’s office about filing a motion to file the complaint without disclosure of
your address or phone number. The law permits exclusion of an address and like information from a
complaint for “good cause.” G.L. c. 209C, § 13. Most courts have “Lawyer for the Day” programs that
provide free help to low-income people who need to draft motions and related court paperwork. You will
need to come up with a way that the court can contact you, such as using a Post Office box or a
relative’s address as your mailing address.
If paternity was already adjudicated by a court or through completion of an acknowledgment of paternity form at the
hospital or later on, you would file a complaint for custody, support, and parenting time. This form is included as
Exhibit 7C.
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Step 2—Fill Out a Care and Custody Disclosure Form
In addition to the complaint, you will have to complete a Care and Custody Disclosure form. All the forms you need
are available at the Probate and Family Court.
Step 3—File an Affidavit Disclosing Care and Custody Proceedings
Next, you must file an affidavit disclosing care and custody proceedings listing which, if any, courts have entered
orders for custody of the child or have cases pending involving the child. This includes Chapter 209A restraining
order cases in the District Court.
Sample Affidavit Disclosing Care or Custody Proceedings forms are included as Exhibit 5H.
Step 4—File an Indigency Form (If It Applies)
You can file an Affidavit of Indigency form to request that the Commonwealth waive the filing fee and surcharge of
$115 and pay for the cost of having the papers served on the other party by a deputy sheriff or constable. File the
affidavit of indigency only if you receive public assistance or cannot afford to pay these expenses. See chapter 2,
Overview of the Probate and Family Court. A sample affidavit is included as Exhibit 2A.
Step 5—File a Public Assistance Affidavit
You must file a public assistance affidavit with the complaint that you file to indicate whether you or the child has
ever received public assistance in the form of Medicaid (MassHealth) or T-AFDC. A sample affidavit is included as
Exhibit 7D.
Step 6—Make Copies
Be sure to make at least two copies of the papers you file in court since you will need one copy for yourself and one
copy for the other party.
Practice Note
Keep a file with copies of any papers filed in your case, along with other relevant papers, so that you
have these available for any court hearings.
Step 7—Obtain a Summons
You must file the paternity complaint in the Probate and Family Court in the county where the child resides or in the
District or Municipal Court for the town or city where the child resides. When you file the complaint and the
affidavit disclosing care and custody proceeding, you should obtain a summons from the Probate and Family Court
and fill it out.
Step 8—Get a Docket Number
You will receive a docket number for your case that you should write down, as it is used to identify and find your
court file. Whenever you go to court, have the docket number with you, and write it on any additional papers that
you file in court.
Step 9—Serve the Complaint, Summons, and Affidavit Disclosing Care and
Custody Proceedings
You must “serve” the other party with copies of the complaint, summons, and affidavit disclosing care and custody
proceedings. Mass. R. Dom. Rel. P. 4(d).
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Practice Note
Be sure that you serve the other party with a copy of the summons instead of the original summons. The
original summons must be filed in court after the papers are served.
You serve the papers by having a deputy sheriff, a constable, or a “disinterested person” (someone who is at least
eighteen years old and not involved in your case) leave copies of the complaint, summons, and affidavit disclosing
care and custody proceedings at the other party’s home in addition to mailing copies of each form to the same
address. Mass. R. Dom. Rel. P. 4(d)(2).
Another method is to have the individual serving the papers simply hand copies of the papers to the defendant in
person. Mass. R. Dom. Rel. P. 4(d)(1).
Whoever serves the papers must sign the back of the original summons and write exactly how the papers were
served as proof that they were delivered.
Practice Note
If you apply for services with the Department of Revenue (DOR) Child Support Enforcement Division,
they will serve the complaint for you.
The other party can also “accept service” by signing the front page of the original summons (not the copy) in front
of a notary public, and then sending the original summons back to you. Notice to your husband or former husband
who is required to be joined as a party can be made by mail requiring a receipt or, if actual notice cannot be given,
by publishing it in a newspaper designated by the court. G.L. c. 209C, § 6(c).
Step 10—File Original Summons
After the papers are served, make a copy of both sides of the original summons for your own records. You must file
the original summons with the court to prove that the other party has notice of the court case.
The court will schedule a case management conference within thirty days of the filing of the original summons in
court that shows that the defendant in the case was served with the complaint.
Step 11—Notify the Department of Revenue if Required
If the child or a party is a present or past recipient of public assistance, the law requires that the party filing the
complaint must “join” DOR as a party to the case. G.L. c. 209C, § 8; G.L. c. 209C, § 9. The parties must send DOR
a copy of the complaint and notice of any trial or hearing dates. You can ask the court clerk staff for the DOR’s
address. If DOR has an office at the courthouse, you also can drop off the paperwork at that office.
HOW TO ANSWER THE COMPLAINT IF YOU ARE THE DEFENDANT
After the complaint and summons are served, the defendant must file a written “answer” to the complaint within
twenty days. Your written answer should indicate whether you admit or deny each paragraph of the complaint. You
must send a copy of your answer to the other party when you file your original answer with the court. Also make
copies of your answer for your own files.
A sample answer admitting paternity is included as Exhibit 7E, while a sample answer denying paternity is included
as Exhibit 7F.
MOTIONS FOR TEMPORARY ORDERS
What Temporary Orders Can the Judge Enter in Your Case?
The judge can enter temporary orders for custody, child support, visitation, health insurance, uninsured medical
expenses, or other matters related to the child while the case is pending. If genetic marker testing has been done and
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the probability of paternity is 97 percent or higher, the court is required to issue a temporary support order upon
motion from a party. G.L. c. 209C, § 17. If paternity was acknowledged outside of court, the court may also enter a
temporary order. G.L. c. 209C, § 11.
Filing a Motion and Getting a Hearing Date
After you serve the complaint and summons, you can file motions for temporary orders related to child support,
custody, visitation (also called parenting time), and genetic marker testing, or other matters. G.L. c. 209C, § 15; G.L.
c. 209C, § 14. A sample motion for support and custody is included as Exhibit 7G; a motion for parenting time is
included as Exhibit 7H; and a motion for genetic marker testing is included as Exhibit 7I. Blank motion forms are
available at the Probate and Family Court.
After you fill out a motion form, file it with the court and get a hearing date. Depending on the particular court’s
caseload, your hearing can be scheduled anywhere from two weeks to two months after you file the motion.
You are required to give the other party advance notice, in writing, of the date, time, and place of the hearing, as
well as copies of any motions and other papers that you file. If service of the motion is by mail, the papers must be
mailed at least ten days before the hearing, including weekends and holidays. Mass. R. Dom. Rel. P. 6(c). If the
notice of hearing and copies are not properly served, the judge can refuse to hear the motion. Giving the other party
at least fourteen days’ advance notice of any motion is a good way to make sure that you comply with the rules
regarding advance notice of a motion.
Your motion must be filed with a proposed temporary order that tells the judge exactly what you want the court to
order. Mass. R. Dom. Rel. P. 6(c). A sample proposed temporary order is included as Exhibit 7J.
Emergency Motions
If an emergency arises and you need to see a judge immediately, you are permitted to seek emergency orders
without notice to the other party, but there must be extreme circumstances and good reasons why you are unable to
give the other party notice of the hearing. Your motion must be accompanied by a proposed temporary order and an
affidavit (a sworn, written statement explaining what the emergency is and why the court should make orders
without notice to the other party).
GENETIC MARKER TESTING
If paternity is disputed, the court can order that the parties and the child submit to genetic marker testing. G.L.
c. 209C, § 17. This testing will provide the court with the “probability of paternity.” In some cases, the testing may
“exclude” a man as the child’s father. For example, the testing may indicate that the alleged father has certain
genetic traits that prove that it is impossible for the man to be the child’s father. Parties can have this testing done
voluntarily or by court order.
If DOR is involved in a paternity case, it can set up the testing for the parties. DOR has a contract with a testing
laboratory for genetic marker testing and can assist custodial parents on public assistance in establishing paternity.
Custodial parents who are not on public assistance may receive DOR services by completing an application for
services. Laboratory staff under contract with DOR are available at some courthouses and at other locations. They
collect tissue samples for testing using the “buccal swab” method, which involves scraping the inside of the mouth
with a swab rather than drawing blood.
The DOR Child Support Enforcement Division also has its own administrative power to order that a mother, a child,
and an alleged father (also called a putative father) undergo genetic marker testing. G.L. c. 119A, § 3A. However,
DOR may only do so if two conditions are met. First, the mother or the alleged father must provide DOR with an
affidavit alleging that the mother and the alleged father had sex during the probable period of time when the mother
became pregnant with the child. Second, DOR can only order testing if no other man is legally presumed to be the
child’s father. G.L. c. 119A, § 3A.
Notice of the testing orders can be served by mail and by leaving a copy at the parties’ homes. See G.L. c. 119A, § 3A;
Mass. R. Dom. Rel. P. 4(d)(2). If a party fails to appear for testing, refuses to be tested, or disputes the jurisdiction
(authority) of DOR to order testing, DOR is required to file an action in court to establish paternity. G.L. c. 119A, § 3A.
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If the results of the genetic marker tests indicate that the alleged father is the child’s father, DOR gives the parents
the opportunity to acknowledge paternity voluntarily; if they fail to do so, DOR may file a case in court to establish
paternity under Chapter 209C. G.L. c. 119A, § 3A.
If the party requesting the testing is unable to afford the cost of the genetic marker testing, the judge may order the
Commonwealth or the other party to pay the costs. G.L. c. 209C, § 17. If the putative father is later proven to be the
father, the law requires that the court must order the father to reimburse DOR or the other party for the testing. G.L.
c. 209C, § 17. If copies of the bills are given to the other party at least ten days before the trial, the copies are
admissible into evidence to prove the costs of the testing. G.L. c. 209C, § 16. If any party fails to comply with an
order for blood and genetic marker testing, the judge can hold that party in contempt of court and order sanctions or
punishments. The judge has the authority to establish paternity when an alleged father or the mother refuses to have
genetic marker testing. Department of Revenue v. B.P., 412 Mass. 1015 (1992). The judge can draw an “adverse
inference,” meaning that the testing results would work against the party, if the party refuses to be tested. G.L.
c. 209C, § 17.
Many cases settle after the results of the genetic marker testing are available. In some cases, parties may be required
to testify at a trial before a judge. Genetic marker tests, by themselves, do not prove paternity. If paternity is
contested at a trial, the judge cannot establish paternity unless he or she finds that the mother and the alleged father
had sexual intercourse during the probable period of time when the mother became pregnant. If a party or other
witness refuses to testify at trial, the judge can draw an adverse inference from such a refusal. G.L. c. 209C, § 16.
Practice Note
Unless the party or witness is properly subpoenaed or ordered to attend, he or she is not required to be
present at a trial.
Genetic marker testing by itself does not prove paternity. G.L. c. 209C, § 17. However, a properly authenticated or
notarized genetic marker testing report is admissible as evidence at trial. G.L. c. 209C, § 17. If the other party wants
to object to the genetic marker testing going into evidence, he or she must object in writing thirty days prior to the
hearing or as soon as he or she gets notice of the hearing (whichever is shorter). However, the report only will be
allowed into evidence provided there is evidence given that the parties had sexual intercourse during the probable
period of conception for the child. G.L. c. 209C, § 17. Thus, to prove paternity, the party must testify that he or she
had sexual intercourse with the other parent during the probable period of conception for the child. Then, if testing
results indicating a probability of paternity of 97 percent or more are admitted into evidence, a rebuttable
presumption that the putative father is the child’s father is created. G.L. c. 209C, § 17.
Genetic Marker Testing Motions
How the court deals with your request for genetic marker testing depends on whether there has been prior
acknowledgment of paternity. If paternity was acknowledged, outside of court on or after March 31, 1998, and you
or the other party files a court case to rescind the acknowledgment within sixty days of signing it, the court is
required to order genetic marker testing. G.L. c. 209C, § 11. A sample motion to rescind the paternity
acknowledgement and request genetic testing is included as Exhibit 7K.
In cases to establish paternity where there has not been a prior acknowledgment, the court may order genetic
marking testing, if you file a motion for genetic marker testing with an “affidavit,” a statement signed “under
penalties of perjury.”
The court will order genetic marker testing only if there is “probable cause” to believe that the parties had sexual
intercourse during the probable time of conception for the child. An affidavit of the mother or father alleging sexual
intercourse during this relevant period of time is sufficient for the court to order the testing. G.L. c. 209C, § 17. See
Commonwealth v. Beausoleil, 397 Mass. 206 (1986), for discussion of “probable cause” needed to order blood and
genetic marker testing. See also A.R. v. C.R., 411 Mass. 570 (1992) (overcoming the presumption of legitimacy and
ordering blood testing when parties are married); R.R.K. v. S.G.P., 400 Mass. 12 (1987).
The court recognizes and takes “judicial notice” that a normal pregnancy is nine months, or about 280 days. Silke v.
Silke, 325 Mass. 487 (1950); Commonwealth v. Kitchen, 299 Mass. 7 (1937); Negus v. Foote, 228 Mass. 375 (1917);
Commonwealth v. Fanciullo, 11 Mass. App. Ct. 64 (1980). Medical records may be helpful in establishing when the
mother became pregnant especially if the baby was premature. Certified medical records are admissible in court as
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evidence (G.L. c. 233, § 79) and may be useful if there are problems figuring out the probable period of conception
for the child.
Sample affidavits are included as Exhibit 7L. A sample motion is included as Exhibit 7I. At a minimum, the
affidavit should indicate the name of the child, the child’s date of birth, and the approximate dates that the mother
and alleged father had sexual intercourse with each other. If the party who opposes testing has admitted who is the
father in the past to you or others, you can also include such information in your affidavit. Likewise, an offer to pay
for an abortion can be considered an admission of paternity. Commonwealth v. Kennedy, 389 Mass. 308 (1983).
WHO IS RESPONSIBLE FOR CHILD SUPPORT IF THE PARENTS ARE
NOT MARRIED?
Parents are responsible for support of their child from the date of the child’s birth. G.L. c. 209C, § 1. The court can
order a father to pay support for his child if he has voluntarily acknowledged paternity or has been declared the
father. G.L. c. 209C, § 11; G.L. c. 209C, § 9. In addition, the judge may enter temporary orders for support while the
paternity case is pending. G.L. c. 209C, § 15; G.L. c. 209C, § 14.
If a noncustodial parent fails to support his or her child before entry of a court order for support, the custodial parent
(or any other party who brought the paternity case) may seek an order for retroactive child support dating back to the
date of the child’s birth, and for expenses related to the birth of the child. G.L. c. 209C, § 9; see also G.L. c. 209C,
§ 1; A.B. v. C.D., 44 Mass. App. Ct. 331 (1998); Flynn v. Connors, 39 Mass. App. Ct. 365 (1995); Department of
Revenue v. Roe, 31 Mass. App. Ct. 924 (1991); Department of Revenue v. Roe, 29 Mass. App. Ct. 967 (1990).
Child Support Motions
You are permitted to file a motion for a temporary order of child support before a trial or final “judgment” enters in
your case. A sample motion for child support is included in Exhibit 8A. As described above, you must file the
motion with the court, get a court date, and serve the other party with a copy of the motion and a proposed
temporary order with notice of the court date.
You and the other party must each file a financial statement with the court and exchange financial statements at least
two days before the hearing on the motion. Supp. Prob. Ct. R. 401(b). Your financial statement is one of the most
important documents in your case. Fill out the financial statement before you go to court for the hearing so that you
will have all the information that you need to fill it out completely and accurately.
For information on requesting a financial statement from the other party before the hearing, see chapter 2, Overview
of the Probate and Family Court.
In making child support orders in paternity cases, the courts use a formula called the Child Support Guidelines,
which is based on the income of each party as well as the ages and the number of children. G.L. c. 209C, § 9(a).
Parties can obtain Child Support Guidelines worksheet forms at the Probate and Family Court. Chapter 2 of this
book, in the section entitled “What Is a Financial Statement and What Are the Rules Governing Them?,” explains
how to fill out a financial statement, and the section entitled “How Much Child Support Will I Get for My Child?,”
in chapter 8, explains how the Child Support Guidelines work.
If paternity is contested, the judge may make you wait until the genetic marker tests results come back before
entering an order for child support. However, you can later request that the court order retroactive child support
going as far back as the child’s birth if the defendant has failed to adequately support the child prior to entry of a
support order. G.L. c. 209C, § 9; Flynn v. Connors, 39 Mass. App. Ct. 365 (1995); Department of Revenue v. Roe,
31 Mass. App. Ct. 924 (1991); Department of Revenue v. Richard Roe, 29 Mass. App. Ct. 967 (1990); A.B. v. C.D.,
44 Mass. App. Ct. 331 (1998).
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CUSTODY AND VISITATION
The mother of a child born outside of marriage has custody of the child unless a court enters an order awarding it to
someone else. G.L. c. 209C, § 10. A father of a child born outside of marriage can seek an order for custody of the
child or “parenting time” (formerly known as visitation) from the Probate and Family Court once he has been legally
declared the father. G.L. c. 209C, § 10. Without a court order for custody or visitation of the child, the father has no
legally enforceable right to see or take the child unless the mother agrees.
If you desire a child custody or parenting time order, you can file a motion for these orders using the same
procedures to get a hearing on a motion described above. In awarding physical custody (meaning whom the child
lives with) “the court shall to the extent possible, preserve the relationship between the child and the primary
caretaker parent.” G.L. c. 209C, § 10. Likewise, the court will consider where the child lived during the six months
before the case was filed and whether the parent has a relationship with the child and has taken responsibility for the
child in the past. G.L. c. 209C, § 10.
If a parent seeks an order of shared legal custody (meaning that both parents must jointly make decisions about the
child’s medical care, schooling, religion, and others issues relating to the child’s upbringing), the court will not
award shared custody unless
• both parents agree to it or
• the parents have a history of sharing responsibility for the child and they have the ability to communicate
with each other.
G.L. c. 209C, § 10; see K.J.M. v. M.C., 35 Mass. App. Ct. 456 (1993).
For example, in Custody of Kali, 439 Mass. 834 (2003), the Probate and Family Court awarded sole legal and
primary physical custody of child to the mother with visitation to the father. The father appealed, but the order was
affirmed as within the discretion of the judge based on the statutory factors under Chapter 209C and the child’s best
interests. The Supreme Judicial Court noted the importance of continuity and stability to a child’s best interest.
In most cases . . . if the child has been living with one parent for some time, the child’s
needs are being adequately met under that parent’s care, and that parent is capable of
continuing to care for the child, it is not in the child’s best interests to disrupt that
successful arrangement. Rather, it is in the child’s best interests to preserve it. Belief that
the other parent might be a little better in some areas ought not suffice to disrupt a child’s
satisfactory home life with the caretaker parent.
Custody of Kali, 439 Mass. at 844.
If a parent has a history of domestic violence, the court must enter written findings of fact explaining the effects of
the abuse on the children if the court awards shared legal custody or physical custody to the abusive parent. Custody
of Vaughn, 422 Mass. 590 (1996). If the judge finds that a parent has committed a pattern or serious incident of
abuse, the court will presume that the abusive parent should not be awarded custody of the child. G.L. c. 209C, § 10.
Sample custody and parenting time motions are included in the exhibits at the end of this chapter. For more
information about custody and parenting time, see chapter 9 of this book.
If you have been abused by your child’s other parent and need protective orders, you can seek a temporary or
permanent restraining order as part of your paternity case (G.L. c. 209C, § 15) using the same procedures described
above for emergency motions. You can also seek a restraining order under Chapter 209A, the Abuse Prevention Act.
For detailed information about abuse prevention, restraining orders, and planning around your safety, see chapter 3.
PREPARING FOR THE MOTION HEARING
You may spend several hours or more in court. If you have children, arrange for a babysitter and do not bring your
children to court unless it is absolutely necessary. The children might distract you and the judge, or they may be put
in the middle of a disagreement.
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Before the hearing, organize your papers, think about what you want the judge to order, and plan what you will say
to the judge.
What to Do on the Day of the Motion Hearing
Dress in a dignified way for the hearing. Some courtrooms have signs stating that shorts, jeans, tank tops, miniskirts,
and t-shirts are not appropriate attire. You are not allowed to smoke, chew gum, eat or drink, or read newspapers in
the courtroom.
On the day of the hearing of the motion, you go to the “ex-parte motion” courtroom. Try to arrive at least a half hour
early. If you are late, the court may enter orders against you. If you are lost, go to the register’s office for assistance
or ask one of the uniformed court officers for help.
Once you find your courtroom, check in with the courtroom clerk. If you have obtained a restraining order against
the other party, or if there is a history of abuse, tell the courtroom clerk. After you check in, you will be expected to
sit quietly until your case is called.
What Happens if You Are Referred to the Probation Department
Once you check into the courtroom, it is likely that your case will be referred to the Probation Department. The staff
in the Probation Department meet with parties to figure out what the issues are and to try to settle the case. What you
say can be repeated to the judge and the judge may ask the probation officer about the facts of your case or for ideas
about how to resolve any dispute.
If you have a restraining order or if there is a history of abuse, you are not required to meet in the same room with
the other party to settle your case. As soon as you check in with the Probation Department, let them know about any
history of abuse. The probation officer can meet with each party separately, or your case may be sent back to the
courtroom.
The probation officer is not a lawyer or judge, nor can he or she give you legal advice. However, the probation
officer may suggest a written agreement for settlement of particular issues or the whole case. This agreement is
sometimes called a stipulation. Be sure any written agreement reflects your understanding of what has been agreed
upon and ask for a copy of it. Do not sign any agreement unless you agree with what it says. If you do not reach an
agreement on your case with the probation officer, a judge will decide your case.
Appearing Before the Judge
The judge is called “Your Honor.” When you appear before a judge, listen carefully to his or her questions and keep
your answers focused and to the point.
Be prepared to tell the judge clearly and precisely what you want ordered and why. Usually, the party who filed the
motion speaks first and then the other party is given a chance to reply. Wait until it is your turn to speak and do not
interrupt the other party or the judge.
The judge may tell you what is ordered before you leave the courtroom. Sometimes the judge takes your case “under
advisement,” which means that he or she wants more time to decide the case. The court will mail you the judge’s
decision once it is made.
CASE MANAGEMENT CONFERENCES, PRETRIALS, AND TRIALS
The court will schedule a case management conference within thirty days of the filing of the summons that shows
the defendant in the case was served with the complaint.
If your case was not scheduled for a case management conference, you can fill out and file a form to request such a
conference along with a Case Conference Memorandum form. These forms are included as Exhibits 7M–7P.
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Every time you go to court, you should be given the date and time of the next hearing or event in your case until
your case is completed and a final judgment is entered.
If you and the other party reach an agreement, you can present the agreement, sometimes called a stipulation, to the
judge for approval as a temporary order or final judgment of the court. If the judge finds your agreement to be fair
and reasonable, he or she will approve it. See chapter 2, Overview of the Probate and Family Court.
If your case does not settle, the court may schedule a “pretrial” before it gives you a date for a contested trial. The
purpose of the pretrial is for the judge to determine what issues are still in dispute, to have each party indicate what
witnesses, documents, and other proof will be presented at trial, and to try to settle the case.
The case management conference or pretrial notice may include an order that you meet with the other party to try to
settle the case. This face-to-face meeting requirement can be waived if you have a restraining order or there is a
history of abuse.
At any hearing, court appearance, or trial, you should be prepared to tell the judge what you want ordered by the
court. For example, a mother may want a party declared the father and listed on the birth certificate and she may
want custody, health insurance, payment of the hospital birth expenses, weekly child support, and retroactive child
support going back to the child’s date of birth. A man may want to be declared the father and may want custody,
parenting time, health insurance coverage, and support for the child paid by the mother. Alternatively, a man who
has been excluded by genetic marker testing will probably want the court to enter a finding that he is not the child’s
father. The case file will be impounded from all public view, except for the parties and the child, if the defendant is
found not to be the father. G.L. c. 209C, § 13.
MODIFICATION OF “FINAL” ORDERS
Judgments under Chapter 209C may be modified if there is a substantial change in circumstances or if the change
would be in the child’s best interest or if the noncustodial parent’s support order is inconsistent with the Child
Support Guidelines. G.L. c. 209C, § 22. For example, if the noncustodial parent’s income has tripled since the
judgment and he or she is now paying support below the recommended amounts of the Child Support Guidelines,
there are likely to be grounds for modification. Likewise, if a change in the visitation schedule would be in the
child’s best interest, the court could modify visitation.
Modification by DOR
DOR now has the power to administratively review support orders at least every three years in cases where the
parent receiving support has signed an application for DOR services or where he or she receives public assistance.
G.L. c. 119A, § 3B. The review is based on the Child Support Guidelines and financial information available
through DOR data systems. DOR will issue proposed orders to modify the support order and, if the parties sign the
proposed order within thirty days, DOR will file in court. Such a proposed order is sufficient basis for the court to
modify the existing order. G.L. c. 119A, § 3B.
See chapter 16 for more detailed information on modification of judgments.
THE EFFECT OF MARRIAGE ON A PATERNITY CASE
If the parents get married while the case is pending, but before a judgment is entered by the court, the court can enter
only a judgment on the issue of paternity. G.L. c. 209C, § 23. However, the court can enter orders relating to support
or other matters in a divorce, separate support, abuse prevention, or other actions relating to married parties.
If the parents of the child get married after a judgment of paternity, the paternity adjudication remains in effect, but
any orders relating to custody, visitation, support, and abuse prevention which entered as part of the paternity
judgment become null and void. G.L. c. 209C, § 23.
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CHECKLIST 7.1
Checklist for a Party Filing a Complaint
Consult with and obtain an attorney if possible.
File Paternity Complaint and Affidavit of Care and Custody Disclosure form.
File Affidavit of Indigency if you cannot afford fees to serve the papers. (The summons is free in paternity and
contempt actions.)
Obtain and fill out the Summons form.
Properly serve copy of the Complaint and Summons.
File Original Summons with proof of service in court.
File motion, obtain hearing date, and serve other party with copy of Motion, Proposed Order, and notice of
hearing date. Sample Motions, Affidavits, and Proposed Orders include:
Motion for Temporary Support Order,
Motion for Temporary Order of Custody,
Motion for Temporary Order of Parenting Time,
Motion for Genetic Marker Testing,
Affidavit in Support of Genetic Marker Testing, and
Proposed Temporary Order.
If applicable, have genetic marker testing.
Fill out Financial Statement.
Prepare for your hearing.
Attend hearing:
Find your courtroom.
Check in with the courtroom clerk.
Go to the Probation Department if referred there.
Get a copy of any agreement that you sign.
File your Financial Statement or other paperwork.
Tell the court what you want ordered and why.
Make sure that you get a copy of the court orders.
Conduct discovery as appropriate.
Update Financial Statement. Prepare for and appear at trial hearing.
Tell the court what you want, present evidence if case not settled.
Present certified copies of birth certificate and certified genetic marker testing report.
Present testimony regard sexual intercourse during probable period of conception.
Present other evidence as appropriate.
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CHECKLIST 7.2
Paternity Checklist for a Party Served with a Complaint
Read Complaint to determine what the other party is alleging and what he or she is seeking from you.
Consult with and obtain an attorney if possible.
Within 20 days of receiving the Complaint, file an Answer to the Complaint admitting or denying each
paragraph and responding to what the other party requests.
File Motion, obtain hearing date, serve other party with copy of Motion, Proposed Temporary Order and notice
of hearing date. Sample Motions, Affidavits, and Proposed Temporary Orders include:
Motion for Temporary Support Order,
Motion for Temporary Order of Custody,
Motion for Temporary Order of Parenting Time,
Motion for Genetic Marker Testing,
Affidavit in Support of Genetic Marker Testing, and
Proposed Temporary Order.
If applicable, have genetic marker testing.
Fill out Financial Statement.
Prepare for your hearing.
Attend hearing:
Find your courtroom.
Check in with the courtroom clerk.
Go to the Probation Department if referred there.
Get a copy of any agreement that you sign.
File your Financial Statement or other paperwork.
Tell the court what you want ordered and why.
Make sure that you get a copy of the court orders.
Conduct discovery as appropriate.
Update Financial Statement. Prepare for and appear at trial hearing.
Tell court what you want, present evidence if case not settled.
If you disagree with the genetic marker testing report, object in writing within 30 days of the trial or as soon as
you get the hearing date, whichever is shorter.
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EXHIBIT 7A—Complaint to Rescind Paternity Acknowledgment
COMMONWEALTH OF MASSACHUSETTS
[_____], ss. Probate and Family Court Dept.
Docket No. 000000
)
, )
Plaintiff )
)
v. )
, )
Defendant )
)
COMPLAINT TO RESCIND PATERNITY ACKNOWLEDGMENT
PURSUANT TO CHAPTER 209C, SECTION 11
1. The plaintiff resides at _____
(See an Assistant Register if listing this puts you in danger of abuse)
2. The defendant resides at _____
3. The plaintiff and the defendant executed an acknowledgment of paternity on _____ for the minor child: _____
[child’s complete name] born on _____ at _____
(Attach a copy of the acknowledgment).
4. The minor child resides at _____
(See an Assistant Register if listing this puts you in danger of abuse)
5. Check all that apply:
The child has not received public assistance.
The child has received public assistance. (A copy of this Complaint must be sent to the Department of
Revenue if the child currently or previously received public assistance).
6. The plaintiff/defendant represents that not more than 60 days have passed since the parties (Cross out plaintiff
or defendant above to indicate whether you are the plaintiff or defendant) executed the acknowledgment of
paternity and hereby, rescinds the acknowledgment of paternity.
Signature
Name
Street Address
City State Zip Code
Telephone _____
Date _____
(This complaint is to be served the same way as a Complaint to Establish Paternity).
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EXHIBIT 7B—Complaint to Establish Paternity
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EXHIBIT 7C—Complaint for Custody, Support, and Parenting Time
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EXHIBIT 7D—Public Assistance Affidavit
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EXHIBIT 7E—Answer Admitting Paternity
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Probate and Family Court Dept.
Docket No. 000000
)
Jane Doe, )
Plaintiff )
)
v. )
)
Richard Doe, )
Defendant )
)
ANSWER ADMITTING PATERNITY
The defendant answers the plaintiff’s complaint as follows:
1. I admit Paragraph 1.
2. I admit Paragraph 2.
3. I admit Paragraph 3.
4. I admit Paragraph 4.
5. I admit Paragraph 5.
6. I admit Paragraph 6.
7. I ask the court to grant me visitation with my child and to enter such other orders as the court deems
appropriate.
Richard Roe
43 Jupiter Street
Cambridge MA 02141
(617) 444-4444
Date: May 9, 2008
CERTIFICATE OF SERVICE
I hereby certify that I have served a copy of this Answer upon Jane Doe, 100 Cambridge Street, Apt 16, Cambridge,
MA, 02141 by mailing (postage prepaid) on May 9, 2008.
Richard Roe
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EXHIBIT 7F—Answer Denying Paternity
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Probate and Family Court Dept.
Docket No. 000000
)
Jane Doe, )
Plaintiff )
)
v. )
)
Richard Doe, )
Defendant )
)
ANSWER DENYING PATERNITY
The defendant answers the plaintiff's complaint as follows:
1. I admit Paragraph 1.
2. I admit Paragraph 2.
3. I deny Paragraph 3.
4. I admit Paragraph 4.
5. I admit Paragraph 5.
6. Not applicable because we did not sign an acknowledgment of paternity.
7. I ask the court to order genetic marker testing, to dismiss the complaint, and to order the plaintiff to pay for the
genetic marker testing if I am found not to be the father. If I am declared the father of the child by the court
after genetic marker testing, I ask the court to grant me visitation.
Richard Roe
43 Jupiter Street
Cambridge MA 02141
(617) 444-4444
Date: May 9, 2008
CERTIFICATE OF SERVICE
I hereby certify that I have served a copy of this Answer upon Jane Doe, 100 Cambridge Street, Apt 16, Cambridge,
MA, 02141 by mailing (postage prepaid) on May 9, 2008.
Richard Roe
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EXHIBIT 7G—Motion for Custody and Child Support
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EXHIBIT 7H—Motion for Parenting Time
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EXHIBIT 7I—Motion for Genetic Marker Testing
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EXHIBIT 7J—Proposed Temporary Order
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EXHIBIT 7K—Motion to Rescind the Paternity Acknowledgement
and Request Genetic Marker Testing
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EXHIBIT 7L—Affidavits in Support of Motion for Genetic Marker
Testing
COMMONWEALTH OF MASSACHUSETTS
[You must fill in the name of the
county where the Probate and
Family Court is located]
[You must fill in your docket number]
[_____], ss. Probate and Family Court Dept.
Docket No. 08W01X1
)
Jane Doe, )
Plaintiff )
)
v. )
)
Richard Doe, )
Defendant )
)
AFFIDAVIT OF MOTHER IN SUPPORT OF MOTION
FOR GENETIC MARKER TESTING
I, Jane Doe swear that:
1. I am the mother of Ricky Lee Roe born on January 1, 2008.
2. I know the defendant, Richard Roe, and I had sexual intercourse with him during the probable period of
conception for Ricky Lee Roe.
3. I had sexual intercourse with the defendant, Richard Roe, on or about March 8, 2007, March 15, 2007, March
22, 2007, March 27, 2007, April 2, 2007, April 5, 2007, April 6, 2007, April 7, 2007, and April 10, 2007.
Signed under penalties of perjury.
Jane Doe
901111 Beverly Hills St.
Sometown, MA 022222
(617) 777-7777
Date: May 9, 2008
CERTIFICATE OF SERVICE
I hereby certify that I have served a copy of this Affidavit upon Richard Roe, 32 Jump Street, Neverland, MA,
02222 by mailing (postage prepaid) on May 9, 2008.
Jane Doe
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COMMONWEALTH OF MASSACHUSETTS
[You must fill in the name of the
county where the Probate and
Family Court is located]
[You must fill in your docket number]
[_____], ss. Probate and Family Court Dept.
Docket No. 0000000
)
Jane Doe, )
Plaintiff )
)
v. )
)
Richard Doe, )
Defendant )
)
DEFENDANT’S AFFIDAVIT IN SUPPORT OF MOTION
FOR GENETIC MARKER TESTING
I, Richard Roe swear that:
1. I am the defendant in this action.
2. I did not have sexual intercourse with Jane Doe during March 2007 and April 2007 which includes the
probable period of time when she became pregnant.
3. In or about April 10, 2007, Jane Doe told me she had been dating a man named Herbie Hans Bluefish.
4. I do not think that I am the father of Jane Doe’s child and I ask the court to order genetic marker testing.
Signed under penalties of perjury.
Richard Roe
32 Jump Street
Neverland, MA 09999
(617) 999-9999
Date: May 9, 2008
CERTIFICATE OF SERVICE
I hereby certify that I have served a copy of this Affidavit upon Jane Doe, 901111 Beverly Hills Street, Sometown,
MA, 02222 by mailing (postage prepaid) on May 9, 2008.
Richard Roe
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EXHIBIT 7M—Request for a Case Management Conference
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EXHIBIT 7N—Settlement Conference Memorandum
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EXHIBIT 7O—Joint Agreement to Participate in the Early Case
Settlement Process
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EXHIBIT 7P—Voluntary Request for Settlement Conference
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EXHIBIT 7Q—Stipulation for Voluntary Acknowledgement
of Parentage
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EXHIBIT 7R—Affidavit of Nonpaternity
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EXHIBIT 7S—Motion for Release of Birth Certificate
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