Rights of an unmarried father?

Asked over 2 years ago - Springfield, MA

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My brother has a daughter with a woman who he was engaged to. They broke up and she moved in with her Mother in Massachussetts. My niece lives with her and her family. She is telling my brother that he cannot take him daughter overnight and that he has no rights to see her. She also claims that he can see my niece when she lets him. What rights does he have as the father even though they were not married?

Attorney answers (1)

  1. Licensed in MA

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    Quincy Child Custody Lawyer
    Contributor Level 15

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    Helpful vote

    Answered October 21, 2010 12:06. He has right to visit but what he really needs is a custody/visitation/support order from the family court. Right now, since they're unmarried, she has sole custody. However, he can petition the court for access to his child.

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