Legal Question in Family Law in Massachusetts

Care & Protection case advice

My boyfriend has a 9 month old daughter and he pays child support to DOR since last month a judge adjudicated him the father through DNA testing. We take care of his daughter 4-5 days a week and as often as possible since her mother is unfit. We were preparing to go to probate court for permanent full legal & physical custody when someone filed a 51A report with DSS about the mother. An investigation was opened and ''supported''. A few days later, DSS removed her from her mother and temporarily placed her with us. Friday, we are going to court for DSS to take custody of his daughter from the mother. DSS is going to place her with us. What I want to know is how can my boyfriend gain custody of his daughter and eliminate the possibility of the unfit mother to come back wanting to take the baby back? If she cleans up her act in a few months or years, could she potentially get custody back? Can we take advantage of utilizing DSS's adoption and/or guardianship services to prevent this? Is is legal for a biological father to adopt his own daughter? Please advise. Thank you in advance.


Asked on 3/28/06, 12:48 pm

2 Answers from Attorneys
Barbara C. Johnson Law Office of Barbara C. Johnson

Re: Care & Protection case advice

Not much time between now and Friday.

File tomorrow (1) a motion for modification of child support, (2) a motion to vacate wage assignment to DoR, and (3) a motion for PERMANENT order of child custody, arguing that changing custody back and forth in the future will be harmful and not in the best interests of the child, and (4) a motion for SHORT ORDER OF NOTICE so that your new motions will ALSO be heard on FRIDAY.

Good luck.

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Answered on 3/28/06, 9:51 pm
Maria Murber Law Offices of Maria Murber, PC

Re: Care & Protection case advice

Tell your boyfriend to consult an experienced family law attorney. This site is only equipped to give initial direction/advice. (it is not suitable to answer via internet: multiple legal questions without full disclosure of facts and doing extensive research on the laws relative to your boyfriend's situation).

Good luck! Sincerely, Maria Murber

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Answered on 3/28/06, 1:57 pm


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