QUESTION
I (female) would like to seperate from my partner (male) and would like to find out about custody. We are unmarried and have 2 small children.
Asked on Dec 02nd, 2013 on Family Law - Massachusetts
More details to this question:
I am currently a stay at home mom and have no income of my own. My partner works, but makes little money. I have been living from savings. Since I am European I would like to return after the seperation home to my mom's house, where I would have financial and other support and the social support of the government that would help a single mother like myself financially. I am wondering if I may do this by law, of if I am forced to stay here, where I honestly could not afford to live. My jobs have never even provided me with the $ amount requested by full time day cares. And my partner would probably not be able to contribute much to child support. On top of that, he is Iranian, and I am afraid he would give the children to his parents who live in Iran and have them raise them there... Please help with answers!
1 ANSWER
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First there needs to be a determination whether there is a marriage between the spouses which will require a divorce action to disolve. A marriage is found depending on the length of cohabitation and other common factors between the parties. In such an action the Massachusetts Probate and Family court has jurisdiction over matters related to your children, the court decides what's the best interest of the children under your circumstances. Through divorce or other court action, the custody of minor children is usually granted to the Mother with visitation rights to the Father, however, that will not automatically entitle a mother to remove the children from the Commonwealth, which requires approval of the court. It is best for you to discuss the many missing details of your case with an attorney to obtain a more complete advice.
Answered on Dec 02nd, 2013 at 3:54 PM