Legal Question in Family Law in Massachusetts

Sole Legal & Physical Custody

My son and I who is 6 live in MA. His father and I were not married and his father signed the paternity section on my son's birth certificate when he was born (Florida).

We have lived in MA for the past 5 years and his father has seen him once and has never paid child support.

My son's father is currently in prison awaiting trial for molesting his step-daughter - I would like to get sole legal & physical custody with of my son so that I may change his name and also so that when my fiance and I get married he will be able to adopt my son...As he is the only father he has ever known.

I feel the need to do this now because now I know where my son's father is located (I didn't for the past 2.5 years)

Any advice on how to do this would be great


Asked on 9/30/08, 12:39 pm

2 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: Sole Legal & Physical Custody

File a paternity action seeking sole custody.

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Answered on 9/30/08, 11:40 pm
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Sole Legal & Physical Custody

You should go to the Barnstable County Probate and Family Court. They will have the forms you need there to file your claim for custody and support. That action will also be the "platform" for limiting any claim to visitation.

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Answered on 9/30/08, 12:53 pm


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