Warning: long post—please bare with me

My husband (we’ll call him Matthew) & I have known for quite awhile that he has an older son—we’ll call him Patrick; I’ve confronted the BM (we’ll call her Ashley) on this several years back & Ashley reluctantly admitted my husband Matthew is the bio father of Patrick. The problem? Ashley has her on again/off again bf as “dad” (we’ll call him Eric) both on the birth certificate & otherwise. Matthew told his truth just recently to Patrick & now Ashley is continuing lying saying that Eric is the Dad. Here’s the other kicker: Ashley has a complicated rap sheet w/DCF, both with her & Eric. As far as we know Ashley currently doesn’t have any primary custody of any of her children.

My husband Matthew has 0 run ins w/the law; he’s a Veteran & has a Govt job. I’m not able to work due to multiple health issues & have been deemed as such by SS. I take care of our children; we are getting by but just making it.

Due to other info we recently found out about Patrick & how he’s currently being raised in a not-so-great environment, Matt & I are both concerned for his well-being & my husband wants to file w/Brooke Courthouse for paternity & also custody.

My questions are: will the courts take into consideration these factors: we only have 1 income, we live out of state (Maine), my husband & myself have no criminal record & Ashley’s messy history w/DCF? We do get housing assistance & have Medicaid up here. Any info you have that can help us prepare will be greatly appreciated we know the Ashley is going to be in “denial” until the courts say otherwise.

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cayenne0 t1_ja9gdiq wrote on February 27, 2023 at 8:42 PM

/r/asklegaladvice

207Simone OP t1_ja9go7k wrote on February 27, 2023 at 8:44 PM

Thank you 😊

neondeli t1_jaaqttu wrote on February 28, 2023 at 2:01 AM

It's a really strange piece of legal minutia, but per Mass law, technically speaking, the only person that can establish paternity is Maury Povich

Stronkowski t1_jaaazbo wrote on February 28, 2023 at 12:05 AM

That wasn't a long post at all.

(Sorry I can't help at all regarding custody issues)

thechroshley t1_jab7fk5 wrote on February 28, 2023 at 4:11 AM

If there's an open DCF case for Patrick where DCF took custody of the kids, your husband may be able to be appointed an attorney in MA (if you financially qualify which you probably would being on medicaid). If he knows which DCF office has the case, he can call and they can open him as a part of their case. If he does get an attorney appointed, they can help him file a paternity action in the juvenile court and waive the fees.

If DCF does have custody, your living out of state might make things more complicated. When a child welfare agency is involved with a child, a home study normally has to be done to send a child out of state, even with a parent. It's under a federal law called the Interstate Compact on the Placement of Children (ICPC). He can qualify for a faster version of that ICPC home study if the child is under 4 or under some other circumstances.

207Simone OP t1_jab8wqz wrote on February 28, 2023 at 4:23 AM

Thank you this is some huge insight. I know Ashley has had open DCF cases w/all of her kids I believe (but not 100% sure) that she currently has “shared custody” of Patrick w/Eric. Not sure though if this arrangement was just done between them or through the courts; but we’ll know soon enough.