Legal Question in Family Law in Massachusetts
trying to put an end to a problem before it begins
Right now I'm in a situation I regret getting myself into. I'm pregnant with a child with someone that wouldn't be able to trust with a child. He's a constant drug user and alcoholic. I don't want my child being brought up in this environment so I left him. My question is: when I have this child, how do I keep them from being put in a situation where this is a constant factor? Is there a way i can request drug tests to avoid some of this? He's also not paid a dime of child support to his 14 year old son, is there any kind of guarentee that I can receive child support? I just don't want my child growing up constantly being put in a situation they didn't deserve, but I keep thinking maybe it's too late
3 Answers from Attorneys
Re: trying to put an end to a problem before it begins
There are 2 options:
1. Forgo child support from this man entirely in return for sole physical and legal custody without visitation.
2. Chase after child support through the DOR and set up supervised visitation with periodic drug testing.
Re: trying to put an end to a problem before it begins
When and if you file for a paternity action, you should raise these concerns to the Court.
Re: trying to put an end to a problem before it begins
You can file your action now, before the child is born, or wait until after. You should definitely file, however, unless (as is suggested by another attorney) that you forgo support. If you do this, you will be hoping that he will never file his own case to obtain visitation.
If you can demonstrate the facts that you suggest in your question, the courts will probably put limits on visitation.
Child support will be a constant struggle, as has been suggested. However, you certainly should consider that your child will need additional income. It will be a long-term effort to get payments made and keep them coming.
Good luck.
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