[net.kids] More legal issues for unwed mothers

leo@cca.UUCP (Louise Osterman) (09/11/85)

While I do not know what other states have put into law for unwed mothers,
Mass. statutes are such that child-support cases brought by unwed mothers
against the fathers are heard in District Court as opposed to Probate Court,
where married, separated or divorced parents cases' are heard.  Child support
awarded in District Court is levied as a fine which cannot be altered; child
support awarded in Probate Court is subject to review and increase or decrease.
Unwed mothers going to court without an attorney should be aware of this when
determining the amount of support they are requesting.  

I am not aware what the statutes say about unwed fathers bringing cases against
the mothers, but the Probate Court did hear one case that I know of.  To date,
though, the mother has not gone to court requesting a change in the support
order, so I do not know how the court will respond to such a request.  It will
probably depend a lot on the judge hearing the case.  

Another thing to be aware of, cases that are heard in Probate are first 
referred to Family Services where (not necessarily degreed) social workers try
to work things out, first between the attorneys, then between the parents.  If
a social worker is not readily available, the parties get to sit around waiting
while the legal-fees clock ticks away.  It seems asinine since people generally
go to court because they couldn't work things out between themselves or their
lawyers.  At any rate, it happens.  The case that I am aware of returned to
court four weeks following the initial court date to review the visitation
schedule.  When the two parties could not agree on a schedule, and each had
a rational argument for their proposed schedule, they settled by tossing a 
coin - figuring their chances before a judge were no different than the toss
of a coin.  Tossing the coin saved four hours of legal fees for the two 
parties, and everyone had a good laugh about "justice."  

One last note, even if you cannot afford an attorney to go to court, it is
advisable to consult with one before you go to understand what you can and
cannot do/expect.  If you can afford one, my advice is to find one who is 
committed to women's issues in general.  Knowing the particulars of the 
case of above, the attorney for the mother was far more supportive and
genuinely concerned with the outcome of the mother's case than was the
father's attorney for him.  Additionally, the mother's legal fees were 60%
less (an hour) than the father's.