Legal Question in Family Law in Massachusetts

Does my ex have rights to my/our son?

Im trying to get ready for a divorce from my common law husband. We have never been legaly married. My son was born 3 years ago, and is named after his father last name and all. His father is mentioned on the birth certificate but never signed it. His father is the actual blood father. Because we are not married is it legal for me to move out with my son wile hes out of the house? Or because for all my sons life he is and has been acting as a father will i get introuble?

Also my sons father says he will make it so i can never see my child again, can he do that? Does he have legal right over my child even though he never signed the birth certificate and i have never married him?


Asked on 12/05/06, 11:25 am

1 Answer from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Does the father have rights to our son?

There is no such category in Massachusetts as common law spouse. This would be a paternity action. As long as there is no order of the court, you are free to move. Once a court acquires jurisdiction, then you must remain in the area, until the court permits otherwise.

The father could file some action after you disappear, and you must understand these risks.

If you have any other questions, call me.

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Answered on 12/05/06, 11:32 am


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