Legal Question in Family Law in Massachusetts

What constitutes as child abandonment (by the father) in Massachusetts?

6 years ago I had a child with a man who is not my current husband. The father of the child and I parted ways BEFORE I found out i was pregnant. Due to the nature of our final interactions I didn't tell the my ex about the baby until he was a year old. We went through the motions of paternity testing and all of that. At the time, things were extremely hostile between us and once again we parted ways. Our last communication was an extremely violent and point blank, threatening email where he told me to never contact him again or "bad things would happen to me". We never spoke again. That was 6 years ago. I have a family, including two other children and a husband who has been there since day one and truly loves/treats my son as his own. My son knows nothing of his biological father. Said, biological father is NOT on the birth certificate and has never once attempted to contact me at all in 6 years, but now I'm hearing "whisperings through the grapevine" that lead me to believe he is getting ready to (legally) come after me in regards to the child we have together. I find this man to be an extremely angry and emotionally "messed-up individual". As previously stated my children know NOTHING of this situation and I fear what such a shake-up could do to all of them, especially the son I've referred to. My question is, is it possible to fight the father on child abandonment and maybe get his rights legally terminated???


Asked on 3/23/17, 2:40 am

1 Answer from Attorneys
Alan Pransky Law Office of Alan J. Pransky

Termination of parental rights does not happen as a result of no contact with the child (as you call it child abandonment.) The only way to terminate his parental rights is if your current husband and you adopt the child. This will require the biological father to either assent to the adoption or be served notice on a potentially contested adoption. Your question does not indicate that the biological father has been paying child support. This is something that you should pursue. If you feel that he poses a threat to the safety of you or your family you can go to court to seek a restraining order to prevent abuse. You should consult an attorney on these matters.

Read more
Answered on 3/23/17, 7:38 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Massachusetts