Legal Question in Family Law in Massachusetts
Child Visitation Rights
My brother lives in MA. He and his girlfriend have a 12 year old son. She left him and took their son. Will not allow my brother to see his son. What can he do? Currently not employed & a loving father?
3 Answers from Attorneys
: Child Visitation Rights
He needs to file a paternity action, and seek a visitation or some other orders in line with his wishes.
Re: Child Visitation Rights
Your brother needs to file a case right away. So long as he is not abusive, he will get his visitation.
He will also get an order that he seek work of whatever kind. Flipping burgers at a fast-food joint is beneath no parent who owes or will owe child support.
Please note that I offer sliding scale fees, and am willing to consult if your brother is in Eastern Massachusetts.
Re: Child Visitation Rights
Has your brother been deemed the father by the court or by his name on the birth certificate? If so, is there currently a court order that gives your brother visitation rights? if yes, then he can file a complaint for contempt against the mother for not allowing the visits.
If your brother has not been deemed the father or there is no court orders in place, then he needs to go to the probate and family court in his county and file a Complaint to Establish Paternity or if he is on the birth certificate A Complaint for support-custody-visitation.