In Massachusetts, when filing a complaint to establish de facto parentage, a request for a hearing on sufficiency and standing is an important procedural step. This hearing determines whether the applicant has the legal standing to pursue the case and whether the complaint meets the necessary legal criteria.
The applicant must demonstrate a significant, parent-like relationship with the child, and that the legal parent has substantially interfered with this relationship. The court will assess whether the applicant has attempted to resolve the issue privately before seeking court intervention and whether the complaint was filed within a reasonable time after the interference.
The burden of proof is on the applicant to establish standing by a preponderance of the evidence. If the court finds that the applicant has standing, the case can proceed. Otherwise, the action may be dismissed.
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