Legal Question in Family Law in Massachusetts
custody question
I am in a situation where I have my son 2 days a week, this was an agreement worked out between myself and his mother, no court order. Support also worked out, it's a very good agreement for both of us. It's working well, my son is thrilled to see me, then a day or two later thrilled again to see his mother. I've been thinking maybe I should make this arrangement legal. If I can show there has bee a pattern where I have had my son 2 days a week, could a court make this a permanent and legal arrangement? Or would I be better off not rocking the boat? (I want to note that my support payment would not be an issue, seeing my son is the only issue)
1 Answer from Attorneys
Re: custody question
The courts would almost certainly approve this agreement. The questions I would ask before filing:
1. Are you already named on the birth certificate?
2. Is there any potential for the mother to move out of state in the near future?
3. Would the mother actually benefit by making the child support a court order?
If the answer to "1" is "no," a court judgment of paternity should be obtained. If the answers to "2" and "3" are also "yes," there are additional reasons to go forward.
Please feel free to contact me for further consultation.
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