Legal Question in Family Law in Massachusetts
custody
Hi i have a friend who has a 2 1/2 year old with an ex boyfriend. She is looking to move out of the state to another state, but the exboyfriend is threatening to take the child away. How can she go about this? what are the laws that protect her and the child? The father of the child does not live with them,does not pay child support, and comes to see the chils once a week while living in the same town.
3 Answers from Attorneys
Re: custody
She should consult with a local attorney for more details, but she can do as she pleases for the time being. The father can file a petition to legitimate the child, but she can raise certain legal objections.
Re: custody
Under MA law, the father would be required upon proof of paternity to pay child support. Moreover, absent a showiing that she is unfit, the mother should be able to keep the child. Moreover, the Court allows mothers to leave the state for valid reasons, such as a job, to be near family etc.
Your friend should contact a local attorney and get formal representation.
Re: custody
Assuming your friend lives in Massachusetts, she should retain a local attorney who can assess what, if any, rights the child's father has to object to her removal of the child from the Commonwealth, and to determine what, if any, action she may need to file in the Family Court to establish her paramount right to do so.
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