Establishing Myself As the Father After Another Man Has Acknowledged Paternity

My question involves paternity law for the State of: Massachusetts

I recently moved back to MA and my ex-girlfriend had expressed the possibility I may be the father of her 4 year old daughter. We took an over the counter paternity test, and I am the child's biological father. The man she was dating at the time of the child's birth signed the voluntary acknowledgment of paternity and birth certificate. I intend to start a relationship with this child, and I would like my name to appear on the birth certificate. What steps do I take to legally establish paternity, be legally recognized as the father, and I want the child to have my surname. Looking for any/all legal advice, as well as referrals for legal services. Also: the mother of the child has expressed she will be of assistance to me, as she is not in a relationship with this man anymore. This man does have physical custody of the child though.

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I intend to start a relationship with this child

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You have no legal right to do so at this time, especially since the father has custody of the child. You are not the acknowledged father. I have not checked the laws in Massachusetts but understand that sometimes a biological father can be refused the right to be named the legal father. Keep that in mind when you start down this path.

as to the child having your surname- maybe but unless there is a reason, it will likely stay the same or possibly, at the most, a hyphenated surname using yours and the mothers surnames.

Here is a start:

http://www.mass.gov/courts/courtsand...ndfamilycourt/

over to the right and near the top there is a quick links section that will provide tons of info.

I'm aware that I have no legal right to start a relationship with a child that is not recognized as mine. My inquiry was, what is the process to motion the court to establish paternity of a child who was born out of wedlock, and another man signed the acknowledgment of paternity?

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jd11554;656257]I'm aware that I have no legal right to start a relationship with a child that is not recognized as mine.

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I was simply stating that as a warning to not jump into action based on your statement of:

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I intend to start a relationship with this child

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depending on the outcome of your venture, starting a relationship with that child could result with you in jail (an extreme extrapolation but still a possibility). I was merely suggesting you not get ahead of yourself.

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My inquiry was, what is the process to motion the court to establish paternity of a child who was born out of wedlock, and another man signed the acknowledgment of paternity?

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did you go to the link I provided? The form you need is there. There is direction as to where to get assistance from the courts.

Thank you; I did follow the provided link. Is the form you are referring to the [I]Complaint To Establish Paternity[I]? I'm not sure if this would be the correct form, due only to the fact that the male listed on the child's birth certificate has physical custody of the child, and I would have to list both the plaintiff & defendant as the father of the child. The link to the Massachusetts complaint to establish paternity form is here: http://www.mass.gov/courts/courtsand...nts/cjd106.pdf.

I'm unclear though on your warning to me that the outcome could result in me going to jail?

Dad has court-ordered custody?

I'm sorry, but there is a better-than-decent chance that the court will deny your attempt.

The warning comes from you trying to establish a relationship with the child after the court has ruled on your petition. If the answer is "No, because it's not in the child's best interest" then "no" it is.

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Frankly you need an attorney; paternity has already been legally established. What you're needing to do (or trying to do) is disestablish paternity then establishing your own paternity.