Legal Question in Family Law in Massachusetts

Paternity Responsibility

I have been contacted after 28 years from a man who claims to be my son. Without consulting me, my parents consented to a DNA test which confirmed that I am in fact his biological father. This is a grown man with whom I really do not wish to have any contact. He continuosly calls both my home and cell phone leaving messages that he is not going away. Do I have any legal responsibility to this man and if not, how can I stop his harassing phone calls. He is really putting a stress on my current family situation.


Asked on 11/09/08, 11:20 am

4 Answers from Attorneys

Joseph Murray Joseph M. Murray, Esq.

Re: Paternity Responsibility

Perhaps you might retain an attorney with whom you could discuss the possibility of this man actually being your son and your options for determining this and for communicating initially through your attorney.

Read more
Answered on 11/10/08, 12:15 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Paternity Responsibility

Not if he is an adult. Forgetting the issue of support, you can call the police department and report harassing telephone calls.

Read more
Answered on 11/10/08, 12:43 pm

Re: Paternity Responsibility

You have no legal responsibility to this man. I would suggest that you amend your Will to specifically disinherit this man or any other child not specifically named by you.

This man may want to meet you and put things in perspective for him. You might want to meet him and then get rid of him. You can file for a protective order if you think he is a danger to you or your family and there is a reasonable basis for you to believe this to be true.

Good Luck.

Read more
Answered on 11/09/08, 1:21 pm
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Paternity Responsibility

You have every right to advise the young man that -you- have not been tested, and -you- have not acknowledged paternity. Thus, while you may indeed be his father, you have no legal obligation to him. You can thus make clear that his continued contact is not desired, and must stop, at risk of your seeking civil orders from a court.

If it continues after this communication, you have to be ready to take the action you warn against.

In addition, this contact could be deemed misdemeanor harassment.

I am not sure why this is putting stress on your family, as you do not say. You should deal with this in counseling or some other means so that you do not have things fall apart.

Finally, there is case law allowing collection of the cost of raising a child in certain situations. Though those are relatively narrow, you may want to get a full legal consultation.

Read more
Answered on 11/09/08, 4:13 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Massachusetts