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Staff Attorney Abigail McCourt's Hard Work Paid Off in Parentage Case
“This case really emphasized the importance of our mission to increase access to justice, so that Clients do not have to face these complicated and difficult processes without the support of legal counsel.”
-Abigail McCourt, Esq.
This summer, a client came to VLP’s Family Law and Guardianship Clinic seeking assistance with a complex paternity matter. The client initially believed a child to be his. However, after genetic marker testing, he learned he was not the biological father. Because more than 60 days had passed since he signed the Voluntary Acknowledgment of Parentage (VAP), Massachusetts law required him to formally petition the Court to rescind the VAP in order to be removed from the child’s birth certificate.
The legal barriers were significant. Rescinding a VAP outside of the statutory 60-day window requires navigating a highly technical and evolving legal process. Without a zealous advocate, the client would likely have remained legally responsible for a child who was not biologically his.
Complicating matters further, this was the first case of its kind VLP handled since Massachusetts’ new Parentage Law took effect in January 2025, and the standard court forms had not yet been updated to reflect the new statutory framework. Family Law and Guardianship Supervising Attorney Abbie McCourt drafted a new Complaint to Rescind the Voluntary Acknowledgment of Parentage to align with the updated law. After several months of back-and-forth with the Court, the Complaint was ultimately accepted.
In addition to the Complaint, Abbie filed a Motion to Accept Genetic Marker Testing, a Joint Pre-Trial Memorandum, an Agreement for Judgment, and a Proposed Judgment. At the pre-trial conference, the Judge entered the Proposed Judgment, formally rescinding the VAP.
Through persistence, creativity, and meticulous advocacy, Abbie successfully navigated an unclear and evolving legal landscape to secure justice for this client. Her work not only resolved the client’s case but also prompted the Court registry to begin developing updated forms for future litigants facing similar circumstances.
Abbie would like to acknowledge and thank Staff Attorney Ilene Klein, Senior Paralegal Olivia Cella, Executive Director Geraldine Gruvis-Pizarro, and Pro Bono Attorney Kevin Finnegan for their support and mentorship throughout the case.
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