Legal Question in Family Law in Massachusetts

Family Questions

I have an infant daughter. Her father is ''claiming'' disability all the while partnering in and working with his brother, in a business with his name attached. He does not want to provide child support and only wants my daughter to collect under SS benefits, can I have him investigated for collecting and working at the same time? Which I believe is fraud. He also was living with and sleeping with his daughter's mother when she was 17 and he was 25. Can I have him investigate for statuory rape to keep him away from my daughter as i fear having him near her? I have recently moved to SC. Will the law require me to allow my infant to visit with her father 1000 miles away without me being present? I along with his other child's mother, his mother and sister have had numerous restraining orders against him, can I request no visitation as I fear for my daughter's safety as he is a very violent man. He has threatened bodily harm to me on numerous occasions, as recent as last week.


Asked on 10/15/07, 9:56 am

1 Answer from Attorneys
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Family Questions

South Carolina law appears to govern issues of child care, custody and visitation, especially if at least six (6) months have passed since you have moved. You may want to wait for that six-month period to expire before seeking action, just to make the matter cleanly a South Carolina action. The courts in that state will make an appropriate decision on visitation under all of the circumstances, but will certainly favor the resident child and mother.

Your right to a restraining order is in South Carolina. You should contact a domestic violence advocacy program there for more information.

If sexual contact occurred in Massachusetts when you were 17, you were beyond the age of consent. A charge of statutory rape is not appropriate.

Disability income issues are knotty. If you take away the disability by truthfully showing his fraud, you may never get -any- support from him. You could have the court in Massachusetts award child support based on his business income, but it will be difficult to collect -- especially if the fraud is serious enough to put the man in jail. I would be cautious about taking away the child's only income.

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Answered on 10/15/07, 10:25 am


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