Establishing Paternity

A checklist for establishing paternity where the parties are not married.

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  1. Which forms have to be filed?

    2. 1. Which forms have to be filed?

    1. Complaint to Establish Paternity form.
    2. Original or certified copy of the child's birth certificate
    3. Affidavit Disclosing Care and Custody Proceedings (informs the court of other court cases involving the child)
    4. Public Assistance Affidavit (informs the court if either party or the child receives public assistance)
    5. Military Affidavit (Suffolk County only) (informs the court if either party serves in the U.S. military)
    6. Financial Statement
    7. Affidavit of Indigency
    8. Motion for Temporary Orders (if needed)

    Not every court has exactly the same requirements. Check the court you will be filing in to be sure you file the right documents. 

     

    https://www.mass.gov/service-details/instructions-complaint-to-establish-paternity-court-form

  2. What information do you need to fill out the Complaint to Establish Paternity?

    3. 2. What information do you need to fill out the Complaint to Establish Paternity?

    1. The name and address of the Plaintiff (the person filing the Complaint)
    2. The Plaintiff’s relationship to the child
    3. The child’s name, address and date of birth
    4. The name and address of the Defendant (the person against whom the Complaint is filed)
    5. What the Plaintiff is asking the court to do:
      • Adjudicate paternity (determine who is the father of the child)
      • Order a party to pay child support
      • Order a party to maintain health insurance for the child
      • Grant a party custody of the child 
      • Grant a party parenting time
    https://www.mass.gov/files/documents/2017/01/xa/cjd106.pdf

  3. What is the right place to file the Complaint for Paternity?

    4. 3. What is the right place to file the Complaint for Paternity?

    • Usually filed in the Probate and Family Court in the county where the child and one of the parents lives. 
    • If neither parent lives in the same county as the child, file in the county where the child lives.
    • If the parents were parties to a prior unmarried parents case (i.e. child support) and that first case has not been dismissed, can file for paternity in the court where the earlier case was filed.

  4. When should you use a Three-Party Complaint to Establish Paternity?

    5. 4. When should you use a Three-Party Complaint to Establish Paternity?

    • If the Plaintiff was married at the time of the child’s birth or within the 300 days preceding the child’s birth, but Plaintiff’s spouse is not the child's biological parent:
      • File a Three-Party Complaint to Establish Paternity with the spouse and the biological parent as co-defendants.(if biological father is filing, must file in equity)
      • Similar to a regular Complaint to Establish Paternity, but involves two defendants
      • Can ask the court to remove spouse’s name from the birth certificate and replace with biological parent’s name.