Legal Question in Family Law in Massachusetts
absent, unfit father
my child's father is no longer involved with my child. When he left over a year ago, he threatened to kidnap the child, have me killed, etc. Really nutty stuff. However, I have not heard a word from him in over a year. His name is on my childs birth certificate and my child has his last name. I am now engaged to a wonderful man who my child considers his daddy. I want to let him adopt my child, but am afraid that a court battle will stir things up and he will demand visitation or custody. I am terrifed that if he gets visitation he will take off with my child. What do i do?
1 Answer from Attorneys
Re: absent, unfit father
Under a step parent adoption, the biological father must either voluntarily surrender his parental rights or the Court must terminate those rights. The Court must find the father to be unfit. This is a heavy burden. You would need to have an attorney analyze the father;s conduct to make a legal determination as to the likelihood of success of such an action, as you are correct the father may counterclaim for visitation and/or custody rights.
You are dealing with a very complex legal matter. I would state you should not base your decision on fear of what the father may do. As the biological father he already has the right to petition the Court. I strongly suggest you retain an attorney. I would be willing to discuss terms of representation if your case is in Worcester County, you may contact my office at 508 248-4696
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