Legal Question in Family Law in Massachusetts
My daughter has a 2yr.7mo. old son. Bio dad walked away when grandson was 3 weeks old and never looked back. Never attempted any contact. He even moved out of state (several states away) daughter found out accidently through grapevine. She recently filed for child support and I am terrified the bio dad just out of spite will try to get some kind of visitation or custody rights. We heard through grapevine he and his sister were outraged when he received the motion for support papers. He has a conviction for drug dealing. My daughter and grandson live with us and she does work. He is the sweetest little boy. I dont want his bio dad in and out of his life and mentally harm him. My grandson doesnt even know any of his family or him. None of his family ever made any attempt to see him. Should my daughter file for full legal and physical custody? Should she drop the support motion and just hope he stays away? Could the bio dad be granted out of state visitations? I am physically sick over this. Please help..Thank you We live in Mass. and the bio dad moved to Ohio and never even told my daughter as I stated. She found out months after his move.
2 Answers from Attorneys
The Biological father can seek visitation. However, if you can demonstrate he is of unfit character, the court could require visitation only under supervised circumstances. Since the child was born here and remains here, The Biological father will have to appear here to seek visitation and I would think would have to obtain local counsel.
I doubt he will do either. If he does hire an attorney to protect your daughter and grandchild's interest.
The biological father has rights, there is no way around that. Trying to prove the father to be unfit is very difficult. I agree with Jonathan above that in these cases the father rarely tries for custody, and even if he does the custody bid is often not followed through.
With that said, absolutely protect the interests of your daughter and grandchild.
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