Legal Question in Family Law in Massachusetts
a friend of mine just had a baby. barely a month old his girlfriend wants to move and take the baby out of state with no way for him to see her. Is there legal basis for custody for him? they're not married.
2 Answers from Attorneys
Your friend as the biological father does have rights that would be determined by the appropriate county family and probate court. Your friend needs to file a Complaint for Paternity immediately. I strongly suggest he consults with an attorney prior to doing anything, however if he believes that the mother is leaving with the baby, he should do this immediately.
If he is interested in a free consultation, he can contact me at 617-523-3200 or via email at [email protected].
Thank you,
I agree. Your friend should file the paternity action on Monday, and file a motion restraining her from moving the child out of the jurisdiction that he wants to be heard on the same date as the filing, and serve the resulting order on her with the paternity complaint ASAP.
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