Legal Question in Family Law in Massachusetts

Re: Child costody

First, if your husband has not formally acknowledge that he is the father, either by signing documents at the child's birth or by bringing an action in court and having the court decide he is the father, he has no rights to custody of the child. So if you were to leave, for example, you could take the child with you in that case. The main issue, it seems, is who will take care of your child because, between school and work you have little time. If you were to go with your parents, for example, who could watch the child, then presumably you would have custody (physical and legal) and father would be able to see the child at regular intervals (assuming he was a good father and not abusive to or neglectful of the child). Assuming that there is an acknowledgement of paternity, you will have to show that you are the better parent for the child. It is not simply a matter of who has spent more time with the child (I assume father may have spent more time with the child, since he is disabled and at home.) He will not be able to have you stop seeing your child, unless you are abusive or neglectful. Nobody controls children like that, at their will. And there is "legal custody" and "physical custody," so when you say "joint," it's hard to know what you mean.

As usual, the best course is to discuss your matter with a lawyer and plan out a coherent strategy for dealing with this issue. It is often a question of the particular facts of each case. But don't worry about his threats. If he is abusive to you and/or your child, you may have to take the child and leave him.