Legal Question in Family Law in Massachusetts
can my sons father disappear for a month or more (has gone without contact for 6 months before) and have no legal repercussions? We have a visitation agreement (every other weekend) but he never calls and he misses way more than half of the visits. He has emotionally abandoned his son, and when he does come back in the picture he just confuses my little guy. I am remarried for a few years now, and my husband (who my son says is his father) would love nothing more than to legally adopt him. Is there anything we can do?
2 Answers from Attorneys
In order to change the current visitation order through the family and probate court you need to file a complaint for modification. It would be extremely helpful if you were to diary the missed visitations..
If child support is an issue and the Father is not paying what the current order states he should be paying, than you would have to address that separately in a Complaint for Contempt.
With regards to your question about your current husband adopting your son, missed visitations are not enough to take away a father's parental rights. The only way your current husband could adopt your son is if the Father was to assent to the adoption.
I would suggest you consult with an attorney with regards to your case. If you would like to contact me at 617-523-3200 or via email, I do offer free consultations.
Thank you,
I agree with attorney Urukalo that missed visitations are not sufficient to terminate the parental rights of your son's father. If your son's father is willing to relinquish his parental rights and obligations, he can assent to the co-parent adoption of your son by your husband. Please feel free to contact my office if you would like to discuss this option.
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