Legal Question in Family Law in Massachusetts

: Custody

Are you talking about physical and/or legal custody???

Re: Custody

Custody may always be sought.

Under the minimal facts given, I assume that you and the father were not married. I also assume that he has had no interest in the child for two years. Thus, any lawyer worth the fee will advise and argue that the underlying assumptions and stated presumptions of M.G.L. c. 209C should be given their full weight. There is a strong presumption that the mother will have physical custody. There is a strong presumption against shared legal custody, absent evidence that the two parents have developed a working relationship. A judge who orders otherwise without evidence would be pushing the envelope and possibly abusing judicial discretion.

HOWEVER, all presumptions can be rebutted. If YOU are engaging in significant behavior demonstrating that you are not a fit parent, the court MAY grant sole physical and sole legal custody to the father or a third party. Conduct demonstrating significant mental illness, substance abuse, unnecessarily preventing the father from contact, or substantial direct abuse or neglect of the child would all give the father a strong "leg up."

If the father has an attorney and is mounting a serious attack, you should seek an attorney's help.