Legal Question in Family Law in Massachusetts

The father of my soon to be born grandson has a long history of getting in trouble with the law. He has been in trouble with the law since his early teens. He is 19 now. A year ago this month, he was arrested for assault and battery with a dangerous weapon (a knife), assault and battery, malicious destruction of property. Also last summer, he and his girlfriend, at the the time, were ambushed by four masked and armed men in their apartment when they returned home. A person also at the residence was shot. My daughter and this man are not married and have not been in a relationship for almost 9 months. Would she be able to get sole physical custody of her son or at the very least have the father's visitations supervised?


Asked on 9/19/12, 8:39 am

1 Answer from Attorneys
Wyckoff Nissenbaum The Law Office of Wyckoff Nissenbaum

In order for the father to have rights he needs to be adjudicated the father. This means that if he is not listed on the birth certificate that he has to file a Complaint for Paternity. Once paternity is established, the mother can argue that father should not have physical custody or supervised visits due to his behavior and unsavory associations.

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Answered on 9/21/12, 1:36 pm


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