Legal Question in Family Law in Massachusetts
Custody of Unborn Child
I have a friend who is 4 months pregnant at the moment she has no steady income and she has welfare and wic. She is waiting for ssi as well. The father however thinks that because of previous dss involvement of over 7 years ago that she is unfit. He has been found as a danger to himself and others is supposed to be on meds but right now he isn't. He only makes $600 a month with social security and he plans on living with roommates who have 2 kids of their own. She is getting into a pregnant mothers shelter in worcester and is doing everything she has to. What could be the possible outcome and what should she do to ensure she doesn't lose her child.
1 Answer from Attorneys
Re: Custody of Unborn Child
She should do what she is doing -- get away from him, and go from there.
If she is not married to him, she has statutory custody of the child from the moment of birth until the moment a court orders otherwise. I have quoted that statute not so long ago in answer to another question here. That means that she has custody unless she puts the child in danger (DSS) or the father can truly prove himself far more fit to care for her.
If he is threatening her with physical harm, or has harmed her, or is threatening forced sexual contact, or has made forced sexual contact, she can seek an abuse prevention order ("restraining order") from any court.
The shelter people will have access to many routes of assistance.
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