J.M. v. C.G.
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The Supreme Judicial Court affirmed the order of the probate and family court judge denying M.H.'s motion to intervene in an action brought by J.M. against C.G. seeking custody and expanded parenting time and affirmed the judgments dismissing two other actions brought by M.H., holding that there was no clear error.
In 2016, J.M. had executed a voluntary acknowledgment of parentage as to Amelia. In 2020, J.M. brought an action seeking legal custody and expanded parenting time. M.H., Amelia's putative biological father, moved to intervene in the action as Amelia's putative biological father. M.H. filed complaints in both equity and under Mass. Gen. Laws ch. 209C to establish his paternity of Amelia. The lower judge dismissed both complaints and denied the motion to intervene. The Supreme Court affirmed, holding (1) to the extent M.H. challenged the VAP on the basis of fraud, his claim was time barred; and (2) there was no reason to address the constitutionality of Mass. Gen. Laws ch. 209B.
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