Legal Question in Family Law in Massachusetts
if your a father and are not on the childs birth certificate and the mother is trying to take the child out of state and will not let you see them what can you do about it?
2 Answers from Attorneys
You will need to file a complaint to establish paternity in the probate and family court. Do not delay and good luck.
As Attorney Vaughn-Martel stated, you must file a Complaint to Establish Paternity in the probate and family court located in the county in which the child lives. DO THIS ASAP. As held in recent case law (Smith v. McDonald), a court cannot prevent a woman from moving out of state with the child prior to an adjudication of paternity. However, the court can make custody determinations that would prevent the child from going with the mother (depending on what is in the child's best interests) once paternity has been established. As such, you should obtain representation and file your complaint immediately.