Legal Question in Family Law in Massachusetts

Re: full custody of my son

Retain an attorney to file a Petition for custody and advise you what your chances of success will be, based on full disclosure of the facts in your situation and the application of the law to those facts.

Re: full custody of my son

You need the full assistance of an attorney in this matter.

Be aware that the "paternity" statute creates a presumption that the mother of a child born out of wedlock should obtain sole legal and physical custody of the child, at least until a court is invoked. Judges like to see shared legal custody, but are not supposed to grant same if there is no real likelihood that the parents can work together for the benefit of the child.

Underemployment is is a tough matter to prove. First off, the court virtually cannot order the custodial parent to seek work if he or she has a child under age 6 in the household. Second, the court always recognizes that custodial parents must give some time even to older children, and that day care is costly.

Do not make your case about child support; that gets most men into trouble. The Child Support Guidelines are what they are, and are to benefit children. Make the case about who can be a better custodial parent, and such that you will be guaranteed good, enforcible visitation at the very least. Often, if the vindictive conduct over visitation continues, it leads to a "second round," or even a "third round," in which an unstable custodial parent who is WRONGFULLY withholding visitation is ultimately seen as a less acceptable custodial parent.

Please note that there are many pitfalls in these cases. The sooner that you educate yourself to avoiding them, the better your results will be.

I am always available for an initial no-cost consultation if you want additional information or guidence.