Legal Question in Family Law in Massachusetts
Un wed father's rights
What rights does a unwed father have if his name is on the birth certificate, but doesn't live with the mother and has'nt pay child support, and who has been arrested for abuse, but not convicted? The mother has since moved and won't let me see my child. Can she do this, and can she file for legal custody?
2 Answers from Attorneys
Re: Un wed father's rights
I assume you are the father.
The only way you can see the child without her consent is to file an action in probate and family court, seeking visitation.
The mother shall probably seeking current and retroactive child support.
The issue of legal custody depends on the judge, and it will depends on the contest between your history, and your present status. From what you described, it is likely that the mother will have physical custody, and the issue for you is visitation schedule.
You can contact me with any questions.
Re: Un wed father's rights
You may want to file a complaint for paternity to establish your rights to visitation, etc., through the courts. However, be aware, that you will be obligated to pay child support, but until you are recognized as the father, you have no legal standing. Good luck!
Sincerely, Maria Murber
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