Legal Question in Family Law in Massachusetts
confused about upcoming court dates for custody support and visitation
I have an almost 8 year old daughter, who has been living with me since her father and i broke up almost 5-6 years ago (we were never married, he did sign the birth cert.) I never went to court for support or custody. He has never been a constant part of her life and has paid practically NO support over the past 6ish years. Now he wants joint custody, visitation and feels that he doesn't owe me any past support. I would rather receive nothing and not have him in her life, like he hasn't been thus far. We have a temp. court date coming up and i have a bad feeling that this is going to be messy, he just had another baby with his current gf. I have been with my new live-in boy friend (who she considers her dad) for almost 5 years and have been doing fine with out him (her bio-father). i just wanted to know what rights i have in court to keep him from disrupting my daughters seemingly normal life. I also want to know if he is responsible to pay past support if there wasn't a court order. and how i can go about preserving the way of life she has come to know over the past 6 years. He has been in and out of trouble, can't hold a steady job, pay bills or in general be responsible. what can i do??? can i stop him?
2 Answers from Attorneys
Re: confused about upcoming court dates for custody support and visitation
You probably cannot stop the man from some contact with his daughter. The courts, however, will help you make that contact occur gradually, with your daughter's best interest in mind.
The court cannot order child support any earlier than the date of a claim being filed and served. You should file a counterclaim for child support to get the ongoing support. Given his work history, any final judgment should include an obligation that he seek employment if unemployed.
I would be happy to consult further. You should locate an attorney in your area to assist you in handling this matter, as it likely can be handled in one court appearance.
Re: confused about upcoming court dates for custody support and visitation
Attorney Lee's response is absolutely correct. You are not going to be able to stop the father from having contact with the child. You should file a complaint for support and if unemployed obligate him to seek employment.
I would suggest you contact an attorney for assistance.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
