Legal Question in Family Law in Massachusetts

Child Custody

Can a father file for a custody hearing while the mother is still pregnant with the child?


Asked on 3/12/07, 6:59 pm

3 Answers from Attorneys

Re: Child Custody

The courts do not award custody of unborn children. If, after the child is born, you need representation regarding a custody dispute, please feel free to contact my office.

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Answered on 3/12/07, 7:04 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Child Custody

Raymond is generally correct.

If you are concerned about the mother's ability to rear the child from the point of birth, then I think that you can take legal action to assume custody.

If you have any questions or need representation, contact me.

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Answered on 3/12/07, 8:56 pm
Barbara C. Johnson Law Office of Barbara C. Johnson

Re: Child Custody

Do you fear that she will go for an abortion?

Do you fear that she will give the baby up for adoption upon birth?

Because filing for custody of an unborn child MIGHT be an issue of first impression, go to one of the huge Boston firms who have the staff to thoroughly handle the issue.

I say MIGHT because DSS (Dept of Social Services) OFTEN takes a child from the mother at the moment of birth. I have NO knowledge of which procedure DSS uses to do that, but it MUST involve getting a custody order, one that states that DSS will take custody of the child upon birth.

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Answered on 3/12/07, 9:38 pm


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