ALERT

MCLE will be closed on Monday, September 2, 2024 in observance of Labor Day.

Paternity and the Law of Parentage in Massachusetts

A comprehensive treatment, from basic principles to advanced practice guidance

Product Number: 2020284B00
Publication Date: 4/30/2018
Edition: 3rd Edition 2018
Copyright: © 2018 MCLE, Inc.
Add to Favorites List

Paternity and the Law of Parentage in Massachusetts

A comprehensive treatment, from basic principles to advanced practice guidance

Choose Format:

Print Book 494 pages in 1 volume with downloadable forms Note: For print books, with MCLE's automatic update service, book revisions are mailed automatically with an invoice. If you do not want to subscribe to updates, please check the opt out option during checkout.

eBook 692 pages in PDF format

Add to Cart

Also Available:

eArticles

See Table of Contents below to purchase individual chapters from this book. Your purchase includes the chapter's exhibits (if any). Pricing varies by page count. Member and new lawyer pricing available. Free for OnlinePass subscribers.

eChecklists and eForms

See Table of contents below to purchase individual checklists and forms from this book. Pricing varies by exhibit type. Member and new lawyer pricing available. Free for OnlinePass subscribers.

Product Description
Product Description

This publication is a comprehensive and practical guide for Massachusetts practitioners. The book addresses important procedural issues arising in acknowledgments of paternity, Chapter 209C complaints, equity actions, postjudgment relief, and appeals, and reviews essential topics such as de facto parentage, custody and visitation, domestic violence, child support, and inheritance. With frequent practice notes and extensive judicial commentary, Paternity and the Law of Parentage in Massachusetts is an indispensable resource for addressing whatever paternity-related challenges come your way.

Recent updates:
- Update: April 2018
  Dear Subscriber:
  
  Thank you for updating your library with the 2018 edition of Paternity and the Law of Parentage in Massachusetts . This edition brings updated resources within your immediate reachâ€”for fast, accurate, and practical answers to your questions regarding paternity and parentage in Massachusetts.
  
  The 2018 edition reflects a reorganization of essential topics and substantial revisions throughout the publication. Highlights include
  - a new chapter on issues relating to transgender persons, including an overview of the social, medical, and legal environment and discussions of gender transition and the use of assisted reproductive technologies;
  - case law on the application of G.L. c. 209C to the children of same-sex couples;
  - a substantially revised discussion of de facto parentage under Massachusetts law;
  - new discussions of parenting coordinators, parent education programs, and related Probate and Family Court standing orders;
  - analysis of the revised child support guidelines issued in 2017;
  - an updated digest summarizing key cases decided under Chapter 209C;
  - revised judicial commentary offering the practical perspectives of Massachusetts judges on the topics addressed by the authors; and
  - updated forms and checklists.
  We trust you will find this edition of Paternity and the Law of Parentage in Massachusetts an invaluable resource for your practice.
  
  Cordially,
  
  John M. Lawlor, MCLE Publications Attorney
Table of Contents

Table of Contents
expand all

Chapter 1 expand

Acknowledgments of Parentage
Buy Chapter
Pauline Quirion, Esq., Greater Boston Legal Services

EXHIBIT 1A
- DSS Parental Responsibility Form Buy Form

EXHIBIT 1B
- Acknowledgment of Paternity Buy Form

EXHIBIT 1C
- Affidavit of Denial of Paternity Buy Form

EXHIBIT 1D
- Complaint to Rescind Paternity Acknowledgment Buy Form

Chapter 2 expand

Chapter 209C Basics—From Commencement of an Action to Judgment
Buy Chapter
Pauline Quirion, Esq., Greater Boston Legal Services

EXHIBIT 2A
- Complaint for Custody-Support-Parenting Time Buy Form

EXHIBIT 2B
- Complaint to Establish Paternity Buy Form

EXHIBIT 2C
- Public Assistance Affidavit Buy Form

EXHIBIT 2D
- Motion for Release of Birth Certificate Buy Form

EXHIBIT 2E
- Completed Sample Domestic Relations Summons on Complaint for Paternity Buy Form

EXHIBIT 2F
- Long-Arm Jurisdiction Grounds Buy Form

EXHIBIT 2G
- Motion for Mother’s Genetic Marker Testing Buy Form

EXHIBIT 2H
- Motion for Genetic Marker Testing by Putative Father Buy Form

EXHIBIT 2I
- Motion for Custody and Child Support Buy Form

EXHIBIT 2J
- Model Proposed Order for Child Support and Custody Buy Form

EXHIBIT 2K
- Motion for Parenting Time Buy Form

EXHIBIT 2L
- Defendant’s Answer to Complaint to Establish Paternity Buy Form

EXHIBIT 2M
- Sample Pretrial Memorandum Buy Form

Chapter 3 expand

Naming Nonmarital Children: Birth Certificates and Name Change Petitions
Buy Chapter
Christine M. Durkin, Esq., Northeastern University School of Law

EXHIBIT 3A
- Voluntary Acknowledgment of Parentage Buy Form

EXHIBIT 3B
- Affidavit of Nonpaternity Buy Form

EXHIBIT 3C
- Certificate of Name Change Buy Form

EXHIBIT 3D
- Sample Motion to Waive Notice of Name Change Proceeding Buy Form

EXHIBIT 3E
- Petition for Change of Name Buy Form

EXHIBIT 3F
- Affidavit for Care and Custody Buy Form

EXHIBIT 3G
- CP2 Request for Information Form Buy Form

Chapter 4 expand

Genetic Marker Testing
Buy Chapter
Laura Gahn, Ph.D, IDENTIGENE
George C. Maha, Esq., Laboratory Corp. of America Holdings (LabCorp) Laboratory Corp. of America Holdi

Chapter 5 expand

Requesting, Using, and Challenging Parentage Testing Results
Buy Chapter
Patrick M. Finn, Esq., Department of Revenue, Child Support Enforcement, Commonwealth of Massachusetts

EXHIBIT 5A
- Motion for Genetic Marker Testing Buy Form

Chapter 6 expand

Equity Actions by Putative Fathers Who Lack Standing Under Chapter 209C and Challenges to Paternity of Children Born During a Marriage
Buy Chapter
Pauline Quirion, Esq., Greater Boston Legal Services

EXHIBIT 6A
- Equity Complaint to Establish Paternity Pursuant to G.L. c. 215, § 6 Buy Form

EXHIBIT 6B
- Emergency Motion for Speedy Preliminary Hearing Buy Form

EXHIBIT 6C
- Defendant’s Motion for a Guardian Ad Litem Buy Form

EXHIBIT 6D
- Affidavit in Opposition to Genetic Testing Motion in Divorce Case Buy Form

EXHIBIT 6E
- Opposition to Genetic Testing Motion in Divorce Case Buy Form

EXHIBIT 6F
- Model Interlocutory Petition for Appeal of a Genetic Testing Order in a Divorce Action Buy Form

EXHIBIT 6G
- Memorandum to Overturn Genetic Testing Order in a Divorce Case Buy Form

Chapter 7 expand

Equity Actions Filed by De Facto Parents
Buy Chapter
Mary L. Bonauto, Esq., GLBTQ Legal Advocates and Defenders
Patience Crozier, Esq., GLBTQ Legal Advocates and Defenders

EXHIBIT 7A
- Sample De Facto Parent Complaint Buy Form

Chapter 8 expand

Transgender Parents and Children Born Outside of Marriage
Buy Chapter
Jennifer L. Levi, Esq., Western New England University School of Law

Chapter 9 expand

Custody, Visitation, and Removal Issues Related to Children of Unmarried Parents
Buy Chapter
Michelle M. Ahern, Esq., Taylor, Ganson & Perrin LLP
Jaime B. Margolis, Esq., Community Legal Aid/Hampden County
Patricia A. Saint James, Esq., Tarlow, Breed, Hart & Rodgers, PC

Checklist 9.1
- Chapter 209C Custody Checklist Buy Form

Checklist 9.2
- Checklist for Bringing a Contempt Complaint Buy Form

Checklist 9.3
- Checklist for Defending Against a Contempt Complaint Buy Form

Checklist 9.4
- Checklist for Bringing a Guardianship Petition Buy Form

Checklist 9.5
- Checklist for Opposing a Guardianship Petition Buy Form

Checklist 9.6
- Checklist for Removal of Minor Child from the Commonwealth Buy Form

EXHIBIT 9A
- Complaint to Establish Paternity Buy Form

EXHIBIT 9B
- Complaint for Custody-Support-Parenting Time Pursuant to G.L. c. 209C Buy Form

EXHIBIT 9C
- Motion for Temporary Order of Custody of Minor Child Buy Form

EXHIBIT 9D
- Motion for Temporary Order of Visitation Buy Form

EXHIBIT 9E
- Proposed Temporary Order Buy Form

EXHIBIT 9F
- Complaint for Contempt Buy Form

EXHIBIT 9G
- Contempt Summons Buy Form

EXHIBIT 9H
- Answer to Contempt Complaint Buy Form

EXHIBIT 9I
- Complaint for Modification Buy Form

EXHIBIT 9J
- Notarized and Verified Consent or Nomination by Minor Buy Form

EXHIBIT 9K
- Petition for Guardianship Buy Form

EXHIBIT 9L
- Bond for Guardianship Buy Form

EXHIBIT 9M
- Notarized Waiver and Consent to Petition for Guardianship of Minor Buy Form

EXHIBIT 9N
- Probate and Family Court Standing Order 4-09: Notice in Guardianship of Minors Matters Buy Form

EXHIBIT 9O
- Motion for Appointment of Temporary Guardian for a Minor Buy Form

EXHIBIT 9P
- Affidavit in Support of Emergency Temporary Guardian Buy Form

EXHIBIT 9Q
- Order Appointing Temporary Guardianship of Minor Buy Form

EXHIBIT 9R
- Rule 29B Affidavit Buy Form

EXHIBIT 9S
- Motion for Removal of Temporary Guardian of Minor Buy Form

EXHIBIT 9T
- Petition for Removal of Guardian of Minor Pursuant to G.L. c. 190B, § 5-212 Buy Form

EXHIBIT 9U
- Request for Counsel Buy Form

EXHIBIT 9V
- Petition for Grandparent(s) Visitation Buy Form

EXHIBIT 9W
- Answer to Complaint for Grandparent Visitation Buy Form

EXHIBIT 9X
- Agreement for Removal of Minor Child from the Commonwealth Buy Form

EXHIBIT 9Y
- Complaint for Authorization to Remove Minor Child from the Commonwealth Buy Form

EXHIBIT 9Z
- Affidavit in Support of Removal of Minor Child from the Commonwealth Buy Form

Chapter 10 expand

Domestic Violence Issues
Buy Chapter
Sandra E. Lundy, Esq., Lundy Legal LLC

EXHIBIT 10A
- Sample G.L. c. 209A, § 11 Petition Relative to Domesticated Animal(s) Buy Form

EXHIBIT 10B
- Motion for Ex Parte Domestic Relations Protective Order Buy Form

EXHIBIT 10C
- Affidavit in Support of Protective Order Buy Form

EXHIBIT 10D
- Address Confidentiality Program Buy Form

EXHIBIT 10E
- Motion for Impoundment and Affidavit Buy Form

EXHIBIT 10F
- Motion for Order Excusing Service of Protective Order Buy Form

EXHIBIT 10G
- Personal Safety Plan for Victims of Domestic Violence Buy Form

EXHIBIT 10H
- Sample Arguments Against Mutual Restraining Orders Buy Form

EXHIBIT 10I
- Affidavit for Filing Out-of-State Protective Order Buy Form

EXHIBIT 10J
- Model Proposed Findings and Rulings Buy Form

Chapter 11 expand

Trial and Evidentiary Issues in Proving Paternity
Buy Chapter
Pauline Quirion, Esq., Greater Boston Legal Services
Mark T. Smith, Esq., Atwood & Cherny, PC

EXHIBIT 11A
- Plaintiff’s Requests for Admissions Buy Form

EXHIBIT 11B
- Plaintiff’s Trial Chalk of Retroactive Support Buy Form

EXHIBIT 11C
- Sample Proposed Judgment on Complaint to Establish Paternity Buy Form

EXHIBIT 11D
- Sample Proposed Findings of Fact and Rulings of Law Buy Form

Chapter 12 expand

Postjudgment Relief from Paternity Adjudications and Modifications
Buy Chapter
Pauline Quirion, Esq., Greater Boston Legal Services

EXHIBIT 12A
- G.L. c. 209C, § 11—Text of Statute and Amendments Buy Form

EXHIBIT 12B
- G.L. c. 209C, § 8—Text of Statute and Amendments Buy Form

EXHIBIT 12C
- Motion to Strike Genetic Testing Report and All Reference to Report Buy Form

EXHIBIT 12D
- Motion for Relief from Judgment Pursuant to Rule 60(b)(1)–(3) Buy Form

EXHIBIT 12E
- Affidavit in Support of Motion for Relief from Judgment Buy Form

EXHIBIT 12F
- Sample Opposition Where Father Has No Relationship with Child Buy Form

EXHIBIT 12G
- Affidavit to Oppose Relief from Judgment Buy Form

EXHIBIT 12H
- Sample Opposition Where Father Has Relationship with Child Buy Form

Chapter 13 expand

Child Support
Buy Chapter
Kelly A. Leighton, Esq., Barnes & Leighton
Christina Paradiso, Esq., Community Legal Aid

Chapter 14 expand

Retroactive Support Awards, Attorney Fees, and Alternative Methods for Payment of Support
Buy Chapter
Mary H. Schmidt, Esq., Verrill Dana LLP
Kristin Youkana, Esq., Warner, Frederico & Ryan LLP

Checklist 14.1
- Paternity—Retroactive Child Support Buy Form

EXHIBIT 14A
- Sample Proposed Findings and Judgment Buy Form

EXHIBIT 14B
- Sample Proposed Findings for Litigants Seeking Retroactive Relief Buy Form

EXHIBIT 14C
- Sample Motion for Allowance of Counsel Fees Buy Form

EXHIBIT 14D
- Sample Affidavit of Counsel Buy Form

EXHIBIT 14E
- Sample Certificate of Attorney Buy Form

Chapter 15 expand

Paternity Issues in the Juvenile Court Context
Buy Chapter
Jacqueline P. Schelfhaudt, Esq.,

EXHIBIT 15A
- Complaint to Establish Paternity and/or for an Order of Child Support Buy Form

EXHIBIT 15B
- Affidavit Disclosing Care or Custody Proceedings Buy Form

EXHIBIT 15C
- Notice of Judgment Establishing or Not Establishing Paternity Buy Form

EXHIBIT 15D
- Affidavit of Nonpaternity Buy Form

Chapter 16 expand

Inheritance and Support Issues for a Disinherited Child Born Outside of Marriage
Buy Chapter
Lisa M. Cukier, Esq., Rubin and Rudman LLP
Katie M. Dalton, Esq., Bowditch & Dewey LLP
Bryce J. Helfer, Esq., Nixon Peabody LLP

Chapter 17 expand

Selected Appellate Issues in Paternity-Related Cases
Buy Chapter
Patricia A. DeJuneas, Esq., Sibbison, DeJuneau & Allen LLP

Appendix

Summaries of Significant Chapter 209C and Parentage-Related Cases
Buy Chapter
Pauline Quirion, Esq., Greater Boston Legal Services
Editors & Authors

Editor(s)

Pauline Quirion, Esq., Greater Boston Legal Services, CAMBRIDGE

Judicial Commentator(s)

Hon. Maureen H. Monks, Middlesex Probate and Family Court, Commonwealth of Massachusetts, Cambridge

Hon. Amy Nechtem,

Hon. Angela M. Ordoñez, Barnstable Probate and Family Court, Commonwealth of Massachusetts, Barnstable

Hon. David G. Sacks, ADR Provider / Retired Judge, Holyoke

Author(s)

Michelle M. Ahern, Esq., Taylor, Ganson & Perrin LLP, Boston

Mary L. Bonauto, Esq., GLBTQ Legal Advocates and Defenders, Boston

Patience Crozier, Esq., GLBTQ Legal Advocates and Defenders, Boston

Lisa M. Cukier, Esq., Rubin and Rudman LLP, Boston

Katie M. Dalton, Esq., Bowditch & Dewey LLP, Boston

Patricia A. DeJuneas, Esq., Sibbison, DeJuneau & Allen LLP, Boston

Christine M. Durkin, Esq., Northeastern University School of Law, Boston

Patrick M. Finn, Esq., Department of Revenue, Child Support Enforcement, Commonwealth of Massachusetts, Boston

Laura Gahn, Ph.D, IDENTIGENE, Houston

Bryce J. Helfer, Esq., Nixon Peabody LLP, Boston

Kelly A. Leighton, Esq., Barnes & Leighton, Salem

Jennifer L. Levi, Esq., Western New England University School of Law, Springfield

Sandra E. Lundy, Esq., Lundy Legal LLC, Provincetown

George C. Maha, Esq., Laboratory Corp. of America Holdings (LabCorp) Laboratory Corp. of America Holdi, Burlington

Jaime B. Margolis, Esq., Community Legal Aid/Hampden County, Springfield

Christina Paradiso, Esq., Community Legal Aid, Worcester

Patricia A. Saint James, Esq., Tarlow, Breed, Hart & Rodgers, PC, Boston

Jacqueline P. Schelfhaudt, Esq.,

Mary H. Schmidt, Esq., Verrill Dana LLP, Boston

Mark T. Smith, Esq., Atwood & Cherny, PC, Boston

Kristin Youkana, Esq., Warner, Frederico & Ryan LLP, Boston

TOP

ALERT

MCLE will be closed on Monday, September 2, 2024 in observance of Labor Day.

Paternity and the Law of Parentage in Massachusetts

A comprehensive treatment, from basic principles to advanced practice guidance

Paternity and the Law of Parentage in Massachusetts

A comprehensive treatment, from basic principles to advanced practice guidance

Choose Format:

Product Description

Recent updates:

Table of Contents

Acknowledgments of Parentage

EXHIBIT 1A

EXHIBIT 1B

EXHIBIT 1C

EXHIBIT 1D

Chapter 209C Basics—From Commencement of an Action to Judgment

EXHIBIT 2A

EXHIBIT 2B

EXHIBIT 2C

EXHIBIT 2D

EXHIBIT 2E

EXHIBIT 2F

EXHIBIT 2G

EXHIBIT 2H

EXHIBIT 2I

EXHIBIT 2J

EXHIBIT 2K

EXHIBIT 2L

EXHIBIT 2M

Naming Nonmarital Children: Birth Certificates and Name Change Petitions

EXHIBIT 3A

EXHIBIT 3B

EXHIBIT 3C

EXHIBIT 3D

EXHIBIT 3E

EXHIBIT 3F

EXHIBIT 3G

Genetic Marker Testing

Requesting, Using, and Challenging Parentage Testing Results

EXHIBIT 5A

Equity Actions by Putative Fathers Who Lack Standing Under Chapter 209C and Challenges to Paternity of Children Born During a Marriage

EXHIBIT 6A

EXHIBIT 6B

EXHIBIT 6C

EXHIBIT 6D

EXHIBIT 6E

EXHIBIT 6F

EXHIBIT 6G

Equity Actions Filed by De Facto Parents

EXHIBIT 7A

Transgender Parents and Children Born Outside of Marriage

Custody, Visitation, and Removal Issues Related to Children of Unmarried Parents

Checklist 9.1

Checklist 9.2

Checklist 9.3

Checklist 9.4

Checklist 9.5

Checklist 9.6

EXHIBIT 9A

EXHIBIT 9B

EXHIBIT 9C

EXHIBIT 9D

EXHIBIT 9E

EXHIBIT 9F

EXHIBIT 9G

EXHIBIT 9H

EXHIBIT 9I

EXHIBIT 9J

EXHIBIT 9K

EXHIBIT 9L

EXHIBIT 9M

EXHIBIT 9N

EXHIBIT 9O

EXHIBIT 9P

EXHIBIT 9Q

EXHIBIT 9R

EXHIBIT 9S

EXHIBIT 9T

EXHIBIT 9U

EXHIBIT 9V