Legal Question in Family Law in Massachusetts
Hello, my name is melissa. I have a 13 month old baby boy. He was born in the U.S. He has my last name, his dad wanted nothing to do with him, he lives in Puerto Rico. My question is, i want to go to P.R for a week of vacation, but he is threating me that when i go over there he will take me to court and then i wouldnt be able to come back with my son without him signing a permission. He never wanted anything to do with my son, he never asked to see how he was, never gave me anything for him...But then again my son has my last name, i dont want him in his life. I need help in trying to find the answer to this, many people tell me to go and enjoy my vacation with my son, that he cant take me to court over there because my son was born in the U.S... If i can please get an answer
2 Answers from Attorneys
You don't mention whether the father is listed as the father on your son's birth certificate, or whether he has been adjudicated as the father by way of a complaint to establish paternity. If this gentleman is not listed as the father on the birth certificate, AND has not been established as the parent by the probate and family court, AND there is no existing court order relating to custody of the child, then you can feel probably feel safe traveling freely without the permission of the alleged father.
If there is a custody and visitation order in place in the courts, you should not remove the child from the country without the permission of the established father or the courts.
Everything Mr. Vaughn-Martel said is true. However, you could file a support pettition from the father here where the baby was born and I assume he lived at the time. You could also request sole custody at least temporarily and permission to go to Puerto Rico for a visit.
Assuming the court grants the orders and you take a certified copy of the order with you, I doubt a judge in Puerto Rico will seek to take jurisdiction.
Regardless, I suggest you speak with an attorney before traveling to Puerto Rico.