Have been refused visits and visitation without her presence. No court orders preventing visits or custody. No court orders outlining custody. Our situation now is no different than the day he was born only not together any longer.
She has refused me visits without her presence. I havent been allowed to see him since feb 14th 2012. If hes left with her parents or sisters am i legally allowed to go and take custody of him, even if i only want a couple hours of visitation?
Family Law Attorney
No, under the circumstances that does not sound like a safe approach. Have you established paternity yet, perhaps by being listed on the birth certificate? What you need to do is file a Complaint to Establish Paternity (if not) or a Complaint for Custody (if so). It actually does not sound as if you currently have shared primary custody; it sounds like you're essentially restricted by the mother to supervised visitation. I recommend speaking with an attorney.
Criminal Defense Attorney
No. In Massachusetts, where the parents are not married, the mother is presumed to have custody. Since it does not seem like you have had paternity judicially determined, you should consider filing a paternity action in the probate and family court. In doing so, you should also seek custody and support orders. Are you currently paying child support, either voluntarily or per court order?
Answers to posted questions are for general interest only and do not constitute legal advice. No attorney-client relationship is established by virtue of any answer posted by the attorney.
Are you on the child's birth certificate is the first question? If you are, you are filing a complaint for custody and parenting and marking a motion to establish a parenting schedule. The good news is, the court is going to look at what the parenting schedule was for the last 120 days which I presume is while you were still together and that schedule will corroborate your assertion that you had sustantial involvement with your son and responsibility for his care. It is not uncommon for Mom's to not require supervision of child/parent contact when they are "in" a relationship with that parent and then to reverse that posistion once the relationship is over: notwithstanding the seeming unreasonableness of this, Mom is presumed to be the full custodial parent of the child until the court determines your rights so taking your child from the babysitter is not a good idea - going to court and obtaining a parenting order within ten or so days is and I don't reccomend any delay on taking this next step.
Family Law Attorney
It depends on any court orders.
If there is no court order, you should seek one that permits this
henry lebensbaum, esq.
300 Brickstone Square, Ste 201
Andover, ma 01810
I usually check email every few hours during the day.
(by appointment only)
PLEASE NOTE that: This is being sent via encrypted line, but
(1) e-mail communication is not a secure communication method; (2)
any e-mail sent to you or by you may be copied and held by various
computers as it goes from sender to recipient; (3) emails may be
intercept by persons improperly accessing your computer or my
computer or even some computer unconnected to either of us through
which the e-mail passes. I am e-mailing because you have agreed.
If you change your mind and want future communication to be sent in
a different mode, please advise me at once.
The information contained in this e-mail message is intended only
for the personal and confidential use of the recipient(s) named
above. This message may be an attorney-client communication and/or
work product and as such is privileged and confidential. If the
reader of this message is not the intended recipient or an agent
responsible for delivering it to the intended recipient, you are
hereby notified that you have received this e-mail in error. Any
review, dissemination distribution, or copying of this message is
strictly prohibited. If you have received this e-mail in error,
please notify us immediately by e-mail and delete the original
Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex Offenses, SORB, Crimes involving Violence or Theft, Domestic (Divorce, Child Custody, Alimony and Child Support) and Family Law (Modification, Contempts & Paternity), Juvenile Law, Domestic Violence and Restraining Orders, Business Law, Personal Injury claims, Probate Law (Guardianships, Conservatorships & Estate Administration) and Legal Malpractice. For these and other areas, contact me. NOTE: This preceding message DOES NOT create an attorney-client relationship. It is not a protected or confidential communication. The statements made herein are not to be interpreted as representations or warranties of any kind. No reliance should be placed on the statements made herein. It is recommended that the recipient(s) should undertake their own research to reach their own opinion. The writer does not accept professional responsibility on this matter. TO CREATE an attorney-client relationship REQUIRES a signed retainer/fee agreement along with a retainer fee that must be received by my office.