QUESTION

Is there a chance that my abusive ex will gain rights to our kids if we never married and he isn't on the birth certificate?

Asked on Feb 09th, 2012 on Child Custody - Massachusetts
More details to this question:
I have had an on-and-off relationship with my children's father since I was 14. I am now 21 and have recently taken action to escape his abuse. I have a restraining order on him and now he has filed for custody and visitation rights for my 4 yr old daughter and 19 month old soon. I know it is in the best interest of the children to stay away from him because he is abusive and has no parenting experience. He has never tried to make a stable relationship with them. In fact, he use to say he was coming to visit them and would instead come to abuse me. What advise can you give me so I can approach this appropriately?
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1 ANSWER

Domestic Relations Law Attorney serving Dedham, MA at Alan J. Pransky
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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.
Answered on Feb 23rd, 2012 at 12:03 PM

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