Legal Question in Family Law in Massachusetts

I'm sorry to hear that you are divorcing, and that your legal relationship to your son may be in jeopardy. Ideally, in order to secure your legal status as the child's father, you and your spouse would have petitioned the court for a co-parent adoption. Of course, this may not have been possible, especially where the child's biological would not consent. You may be able to bring a claim of de facto parenthood through your divorce proceedings and attempt to acquire or to establish some degree of parental rights, including visitation and perhaps custody. You will need to work with an experienced family law attorney.

As attorney Vaughn- Martel, described the issues at hand, it is unlikely given the child's age you would get physical custody. If you do bring an action for de facto parenthood, you could get some parental rights but you will be required to provide child support.

You need a highly experienced divorce attorney to review the facts in detail and give you a real game plan.

I can recommend a couple of attorneys who have handled cases like this in the past.