What are the steps that should be taken by unmarried parents of a newborn in order to have a binding parenting contract for custody, visitation, and child support?

Christine (Guest) on Monday, March 03 2014, 04:44 PM
The parents are not together but they are in agreement about custody, visitation and child support. However, they both want to have an agreement that is legally binding between them on those subjects. Does something need to be filed in court? Is it required to establish paternity or can the father's name just be listed on the birth certificate? Is there a checklist that can be followed for parents proceeding with the agreement pro se? Can the agreement have a clause that allows the mother to take the child with her when she decides to move out of the Commonwealth that the father is in agreement with? What forms should be used?
2 responses Add Yours
       
  • Replied by Attorney Eric Schutzbank on Wednesday, March 26 2014, 05:13 PM · Hide · #1
    Assuming that the biological father is on the birth certificate and has executed a Voluntary Acknowledgment of Paternity, the parents should jointly file a Complaint for Custody/Visitation/Support along with a written agreement that details custody, parenting time, child support and any other issues that they would to be part of an enforceable agreement. If any such agreement is not made into a Court Order, it is unenforceable and not binding.
  •  
  •  
    Replied by Attorney James Milligan on Wednesday, March 26 2014, 05:14 PM · Hide · #2
    The parents of a new born child cannot file anything in court until the child is born. If the father signs the birth certificate he can file a complaint to establish custody/support/visitation pursuant to MGL c. 209C. If putative father has not signed the birth certificate a complaint to establish paternity may be filed. Either party may file in either of these situations. Feel free to contact us to discuss the matter further. www.GeofferyGerman.com.
Your Response
Please login first in order for you to submit comments

Top Massachusetts Attorneys Ready To Answer Your Questions

1
The Editor
The Editor
Divorce, Bankruptcy, Estate Planning, Business Law, Trial & Litigation, Criminal Defense, Family Law, Tax Law
2
Attorney Jake Walters
Attorney Jake Walters
Business Law, Real Estate
3
Attorney Allan Baron
Attorney Allan Baron
Estate Planning, Real Estate, Elder Law
4
Attorney Marco Schiavo
Attorney Marco Schiavo
Bankruptcy, Business Law, Real Estate
5
Attorney Bill Mayer
Attorney Bill Mayer
Divorce, Trial & Litigation, Family Law
6
Attorney Peter Paulousky
Attorney Peter Paulousky
Trial & Litigation, Criminal Defense, Drunk Driving
7
Attorney David Beliveau
Attorney David Beliveau
Estate Planning, Business Law, Real Estate
8
Attorney Steven Boris
Attorney Steven Boris
Trial & Litigation, Personal Injury
9
Attorney Kevin Leeper
Attorney Kevin Leeper
Family Law, Immigration
10
Attorney Michael Doherty
Attorney Michael Doherty
Business Law, Trial & Litigation, Family Law
11
Attorney Michael Franklin
Attorney Michael Franklin
Divorce, Criminal Defense, Family Law
12
Attorney Eric Schutzbank
Attorney Eric Schutzbank
Divorce, Criminal Defense, Family Law
13
Attorney Howard Lewis
Attorney Howard Lewis
Divorce, Family Law
14
Attorney Christopher Shannon
Attorney Christopher Shannon
Divorce, Trial & Litigation, Criminal Defense
15
Attorney John Dugan
Attorney John Dugan
Estate Planning, Elder Law, Wills & Probate
16
Attorney Alan Fanger
Attorney Alan Fanger
Trial & Litigation, Wills & Probate
17
Attorney Margaret Cross-Beliveau
Attorney Margaret Cross-Beliveau
Estate Planning, Elder Law, Wills & Probate
18
19
Attorney David Jensen
Attorney David Jensen
Estate Planning, Real Estate
20
Attorney Edward Cannon
Attorney Edward Cannon
Business Law, Real Estate