Child Custody and Visitation

Child Custody and Visitation

Paternity cases are used to determine the father of a child. This is important because being the biological parent of a child is entitled to certain rights and obligations. These rights include the right to custody or visitation and being involved in the decision-making process of the child, which are issues that may be addressed in a paternity action. It also may help ensure that a person who is not the biological parent does not gain access to the child and interfere with the actual rights of a biological parent.

With the right to parent also comes responsibilities to take care of that child. Some responsibilities include supporting the child financially. Child support is often paid by one parent to the other to help offset the economic burden of raising a child. The exact dollar amount that is to be paid is based off a formula that calculates the appropriate amount of child support to be paid.  This calculation is called the Massachusetts Child Support Guideline. The factors that are used for this calculation include each parent’s income, the number of the children involved in the matter, and the parenting plan that is implemented (for example, the order is typically different when a parent has “shared” custody as opposed to one party having “sole” physical custody). Other factors that are used to determine the appropriate amount of child support includes health insurance paid by either party, any child support paid for other children, dental and vision insurance, and so forth.  

The court will establish paternity based on an agreement between the parties as to parentage, or after a DNA test is used to calculate the percentage that the tested person could be the parent of the child. These tests cannot be perfect.  However, with modern advancements in technology and science, these tests are capable of having an accuracy of greater than 99%. DNA tests can help a parent be involved with a child as well as prevent a non-parent from taking care of a child that is not theirs.