Legal Question in Family Law in Massachusetts

Re: visitation rights

I want to amplify my answer to this question. Someone wrote to this bulletin board saying that Husband was merely "arrested" (not convicted) of domestic violence, and why should that affect his ability to have custody of his child. Although the initial question said "arrested," it was written, presumably, by the person who was abused, so I assumed the domestic violence took place when I answered the question. False allegations of abuse are looked upon very badly by the courts and will be punished if found.

Re: visitation rights

Custody is usually given according to who spent the most time with the child, who raised the child, and who is the better parent. With an arrest for domestic violence, it is doubtful your companion can get physical custody. Also, the fact that he is behind in child support is a second strike against him in any claim for custody. Don't be threatened. File a contempt against him for failure to pay support. He can't even begin to think about custody until he brings a paternity action and is found to be the father. Even if he is the father, as shown above, it's probably too late for him.

Re: visitation rights

I agree in part.

The threat to get physical custody must be based on some prior interaction with the child, or based on your failings with the child.

I disagree that the failure to pay child support is taken into account. It is a strike against him in general, but usually the court separates interaction from financial obligation.

From what you described, this person is a threat to you and your child in other ways. You may contact me or another attorney to discuss this.