Legal Question in Family Law in Massachusetts

What are the chances of me not receiving sole custody of my 7 yr old when her biological father has been absent for 3 years? Zero contact. I'm hesitant to go to court (we have never been to court) because I fear him being granted rights he doesn't deserve.


Asked on 7/05/10, 4:59 pm

3 Answers from Attorneys

Suzana Urukalo Kajko, Weisman & Colasanti, LLP

Hello,

Based on the information that you have provided, and absent any issues with DCF your chances are very good at receiving sole physical custody. However, sole physical and/or legal custody does not mean that the Father would have zero contact with your daughter. He would have to petition the courts to receive parenting time with your daughter and maybe successful regardless of what the custody arrangement is. Also, regardless of what role he plays in your daughter's life, he should be paying child support, which you should also be requesting through the courts.

I suggest you consult with a family law attorney. If you are interested in a free consultation please contact me at 617-523-3200 or via email at [email protected].

Thank you,

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Answered on 7/05/10, 8:14 pm
ERNEST BIANDO LAW OFFICE OF ERNEST T. BIANDO, LLC

Zero time with Dad would most likely allow you sole custody-however Dad would be able to have visits, maybe--but he would have to file for them and a good argument could be made that their is no bond between the two or there is some kind of danger or harm that may come from visits. 774-745-0562

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Answered on 7/06/10, 5:05 am
Joseph Murray Joseph M. Murray, Esq.

Retain an attorney to seek an appropriate Child Custody, Support and Visitation Order which should encourage such contact as is in the best interest of your child. It is what she deserves that should control. Good Luck!

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Answered on 7/10/10, 12:28 pm


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