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The state of Massachusetts is not a 50/50 state or a community property state. This means that, if the court must decide, all the property, assets, and liabilities are not necessarily divided equally between the two parties, as is the case in some states.
If the parents aren't married, the father must first establish paternity before seeking custody of his child. A judge may establish paternity if one parent files for paternity in court, or if both parents sign and file a voluntary acknowledgement form, which the father may have already signed when the child was born.
Establishing parentage means determining the other legal parent of a child. There are 2 ways to establish parentage. You can establish parentage by signing a voluntary acknowledgement form or you can ask the court to establish parentage.
Once a Probate and Family Court judge becomes involved, however, all parents in Massachusetts have legal rights and obligations.
There are No Gender Preferences in Massachusetts Massachusetts law gives no preference to either parent based on gender. While courts tended to favor mothers in custody decisions in the past, the assumptions that led to those decisions are no longer used in Massachusetts courts.
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Unmarried parents can establish paternity voluntarily. This means they agree to name the father of the child; or. Unmarried parents can ask the local family court to help establish paternity. This usually involves DNA paternity testing (also referred to as genetic testing).
Either or both parents can file for sole or shared custody in Massachusetts.
?A man is presumed to be the father of a child and must be joined as a party if (1) he is or has been married to the mother and the child was born during the marriage, or within three hundred days after the marriage was terminated by death, annulment or divorce.?