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MA family law

Asked over 3 years ago - Charlton, MA

If 2 people are divorced 5 years now and the marriage certificate dating back to 1987 is wrong and they knew it and chose not to fix it. Meaning his name is not his. It says the III but he is the II. Would he still be considered the biological father to the 3 children because in the state of Massachusetts it says if they are married the husband is presummed the biological father.

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In the state of Massachusetts they have forced visitations and due to my ex (if he is indeed my ex noww) behavior in past visitations he has traumatized the youngest child who now has anxiety disorder, night terrors and is on med. to sleep.

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Attorney answers (3)

Jessica Ann Foley

Reputation Level 13

Answered over 3 years ago. Criminal Defense Attorney in Weymouth, MA.

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If his name is on their birth certificates he is presumed the father of the children. This is sort of a loaded question - and if you are trying to either stop visitation and/or get child support you should either contact your local probate court and/or consult with an attorney.

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John M. Kaman

Reputation Level 20

Answered over 3 years ago. Criminal Defense Attorney in San Francisco, CA.

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It matters not if the name on the marriage certificate is wrong if he is the biological father. If he is mistreating the children that is a different issue and you can seek modification of any visitation/custody orders.

www.kamanlaw.com

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Henry Lebensbaum

Reputation Level 16

Answered over 3 years ago. Family Law Attorney in Andover, MA.

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You posted this question in LawGuru I believe.
The answer is the same. Clerical errors are just that. Visitation decisions take into account the person's parental connection, and the risk of harm to the children.

Forced visitation is a reflection of your discomfort. It is not forced visits as much as each side presents evidence to the court, and the Court decides what is in the best interests of the children.

Are you contesting the marriage, and the father's paternity of the children???

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