Massachusetts Child Custody Legal Questions

Regardless, if a court serves you and commands your presence, you should appear. There is a fairly uniform law between all states that governs when a court has jurisdiction over a child. Based on the very vague facts provided, it sounds like the proper court to hear issues relating to paternity and visitation is in Pennsylvania. But, depending on the circumstances such as whether and for how long you and the child lived in Massachusetts, the Massachusetts courts may also have jurisdiction over visitation for your child. In any case, it is always safest to have an attorney move to dismiss the case in Massachusetts for lack of personal jurisdiction, subject matter jurisdiction, and improper venue.... Read Answer

He has no rights until such time as he is determined to be the father of the child. Since you are married, your husband should be listed as the father on the birth certificate. Therefore, the only way another man can be determined to be the father is through a paternity case filed in court. If so, you have the ability to contest his claim of paternity.... Read Answer

If the alleged biological father wants his name on the birth certificate, he must file a paternity action in Probate Court to declare that he is the father. The court may deny him the right to seek paternity if he has waited too many years before filing this action. If he is the father, he will have to pay child support based on the child support guidelines.... Read Answer

If your child was born prior to the marriage to your Husband, the Father of the child has parental rights. In order to exercise those parental rights he would have to file a complaint for paternity and establish a child support order and a visitation/parenting schedule. I would suggest that you speak to an attorney because there are many questions that need to be asked to better advise you as to how much visitation he would receive.... Read Answer

There is always a chance that a court could award him custody. However, as a general rule, the court doesn't change custody unless there is a problem or you agree to change custody. As long as you don't neglect or abuse your children, the court should continue to give you primary physical custody. You can best protect yourself by hiring a lawyer to represent you. If you can't afford an attorney, you can contact some legal aid organizations to represent you for free. In any event, you can protect yourself in court by not agreeing to anything unless you want the agreement. As an example, since the children aren't in school, you may be asked to share custody and give father custody 50% of the time. Don't agree to this unless you want to. Don't let anyone pressure into an agreement you don't want. You may be sent to probation for mediation before seeing the judge. Don't let probation pressure you into shared custody unless you want this. You should also ask for child support. You probably should file a motion seeking child support.... Read Answer

Unless your parental rights have been terminated, then you are the only parent and have custody of your minor children. You need to look at your divorce decree or separation agreement to determine if you have any financial rights in your ex-wife's estate. As the natural guardian of your children, you should investigate the death of your ex-wife to see if your children need to sue for wrongful death.... Read Answer

It sounds like you and your husband are not divorced. If that is the case, your mother has no right to file for grandparent rights at all. If you and your husband are divorced, she can file for grandparent rights if she has such a significant relationship with the child so that she is viewed by the child as another parent. It sounds like your mother does not have that kind of relationship.... Read Answer

Massachusetts has no requirement that both parents signatures be required to obtain a passport. In my practice, I frequently add a clause to a separation agreement restricting the ability to get a passport. In the absence of such an order, there is no requirement that both parents sign to obtain a passport. You need to check with a New Hampshire attorney for New Hampshire law. As for signing a father's signature, there are laws that make forgery of documents a crime.... Read Answer

It is potentially a contempt of court. I would look to your agreement/court orders regarding traveling with the minor child. If the passport was truly in violation of any existing court order then the other party is potentially in contempt. Again, however, the issue of travel is usually addressed by court order or agreement of the parties.... Read Answer

No, you can't force her to have an abortion. You cannot relieve yourself of responsibility but may have your rights terminated if you don't offer to support her in the last 6 months of her pregnancy. You should contact an attorney. Perhaps she can be convinced to give the child up for adoption.... Read Answer