Legal Question in Family Law in Massachusetts

Massachusetts: A child is born out of wedlock and later taken into DCF (Department of Children and Families) custody and placed into foster care. The father takes the necessary steps and DCF places the child with him. Through the Suffolk Probate court, and upon recommendation of DCF, he is awarded custody of the child. Does he have only physical or both legal and physical custody the the child? The mother claims she still has custody in a higher court, the Massachusetts Supreme court. Is there any truth to that? Is it that she retains legal custody although the child has been taken?


Asked on 8/07/12, 11:03 am

1 Answer from Attorneys
Richard Kell Law Office of Richard B. Kell

There is no truth to the mother's allegation of retaining custody through the Massachusetts Supreme Court, unless it reversed the Probate & Family Court's recent decision. This is something they would have made you aware of. In order to determine what, if any, custody rights the mother still has, you need to review the most recent P&F Court's Order or Judgment. It will specify the custodial designation. If you have trouble interpreting the language, have a family lawyer review it for you.

Read more
Answered on 8/07/12, 11:23 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Massachusetts