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The child in question is seven years old and born to a girl I dated in Massachusetts. Her and her entire family are Mormons and they got her to move back to Idaho, so they could help her raise the child. I was& at the child’s birth and my name was subsequently placed on the certificate of birth. Now the state of Idaho is attempting to sue me for child support. The mother and I had an agreement, that since I allowed her to move back to Idaho to be with her family, I would not have any communication or decision-making power or any visitation time, that she would not seek child support from me. Now that she’s moved away, the story has changed. I never was allowed to fight to keep my child in this state, and agreed to allow this woman to take my child, because she said it was the best thing for the child and I only agree to this if there was not to be child support. I have court documents that I have to answer within 20 days, but I’m not even sure if the child is mine. The woman was married at the time the child was conceived and when the child was born. I have no it ideas about the laws in Idaho, who do I turn to?

ANSWER:

The first thing you need to do is to determine paternity of the child. In your particular situation, in Massachusetts if a woman is married at the time she gives birth her husband is automatically considered the father of the child, unless determination of paternity is made. Simply because you placed your name on the birth certificate, does not undo the fact that she was married and her husband should’ve been determined to be the father at the time, which is state law in Massachusetts. But since you trusted her word that she would not go after you for child support, you allowed her to take the child from the state of Massachusetts and reside in the state of Idaho for a number of years which change the residency of the child. Now that this must be dealt with in the state of Idaho. You must obtain the assistance of a qualified family law attorney in Idaho to handle the adjudication of paternity issue. Once that issue is resolved then you will have to do deal with the child support issue. The type of agreement that you made with this woman, has absolutely no legal validity. In the FAMILY COURT system child support is the one issue that you cannot contract on and expect to have that contract hold. The FAMILY COURT will always do what is in the best interest of the child.

 

Joseph F. Botelho, Esq.

BOTELHO LAW GROUP
Attorneys At Law

901 Eastern Ave.
Unit 2
Fall River, MA 02723

Office:  888-269-0688

Email: jbotelho@botelholawgroup.com

https://www.botelholawgroup.com/

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