Legal Question in Family Law in Massachusetts

Re: keeping contact with non-custodial parent

Barring a court order, it is wrong to keep demographic information from the father.

Re: keeping contact with non-custodial parent

If there was a written agreement or a judgment and order after a hearing giving you sole legal or physical custody and no visitation, you should try to keep the father in contact with you and his son but do not legally have to.

If you were never married amd the father's name is not on the birth certifcate or he never acknowledged paternity, and no court involvement, you also do not legally have to, but should unless there is good cause to withhold the information (i.e., he is abusive toward you or the child or you are afraid he might take the child).

If there is a court order or agreement, you must comply with its terms or you may be held in contempt.

If there has been no court order or agreement and the father wants to pursue custody or visitation, he will have to file here in Massachusetts, or if you want child support by court order, you may file in Massachusetts, but will have to have him served with a summons and complaint in VA.

He may try to file in VA, but he can do so only if there was a prior hearing on custody or support in VA, in which case you would also have to go back to the VA court for any legal proceeding against him. You can try to get the proceedings "removed" to Massachusetts.

If you have a mutual contact you can trust not to give him the information, you can give the information to that person in case anything happens to you and the child and that person can act as a communications channel for the father and child that will not disclose your whereabouts.