Legal Question in Family Law in Massachusetts

I am currently 7 months pregnant and have broken up with my boyfriend. Do I have to allow him to come to the hospital to visit the baby when he is born? Also he is asking me for joint custody do I have to give him that and if not what are his chances of getting joint custody if we were never married. He has been arrested 3 times for possession of drugs and is currently on probation, does not have a job, does not have a license and lives in his mothers basement.


Asked on 10/24/09, 8:51 pm

3 Answers from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

He has no right to come to the hospital. By statute, you are presumed to have sole legal and physical custody absent findings that you can share legal custody. You should discuss this all with a lawyer in advance. I or any lawyer here would be happy todiscuss this further; I maintain an office in Bristol County.

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Answered on 10/29/09, 9:06 pm

He has no right to come to the hospital. You will have at a minimum sole physical custody and have a presumed sole legal custody. You can speak with an attorney in advance of delivery to know your legal rights. Moreover, you can and should seek child support for your child from the biological father.

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Answered on 10/29/09, 9:36 pm
Sue-Ellen Kresh Law Office of Sue-Ellen Kresh

As my colleagues stated, you are under no obligation to allow him to visit you or the baby when he is born. If you are not married you are presumed to have sole custody. Also, if the father is not on the birth certificate, you may need to have paternity testing done unless it is determined & found voluntarily, i.e. if he wants to avoid support & does not want voluntarily to be adjudicated the father. This latter piece may be a non-issue since you are saying he is interested in pursuing custody.

After the baby is born you can go to Court to obtain custody and child support orders, and to deal with the paternity issue if necessary. It would be best to speak with an attorney in order to protect your rights, prior to filing anything.

Take care & good luck. My office is on the norht shore if that is of any help.

Sincerely,

Sue-Ellen Kresh

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Answered on 10/30/09, 5:26 pm


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