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What rights does the biological father have?

Greenfield, MA |

I didnt tell the biological father i was pregnant because he was abusive my son is now 1 year old and the biological father contacted me and said he was taking me to court for dna and he will make sure he gets custody for not telling him... but he use to do drugs he beat the pants off my cat and he raised his hand at me a few times. what are the chances he will get rights? are any rights terminated because he hasnt been involved in my pregnancy or the first year of my sons life?

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Attorney answers 3

Posted

If the biological father establishes through court and dna tests that he is indeed the biological father, then the court will grant him parental rights and responsibilities. The judge will NOT grant him custody for not telling him that you were pregnant. The father may get visitation rights, possibly supervised, or even shared custody. You should prepare any statements, witnesses and evidence supporting your claims that he was abusive and that he poses a risk to you or your son, as long as that is true. The father may also be ordered to pay child support, so you should be prepared to produce a financial statement. It is always a good idea to consult with and hire an attorney in matters like these. Good luck!

Gary S. Sinclair is an attorney licensed to practice in Massachusetts. If you wish to contact me or any other attorney on AVVO, just click on the attorney's name and you will find contact information. All of my answers are based on Massachusetts law or a simple reading of the law in your jurisdiction. All answers are for educational purposes and no attorney-client relationship is formed by providing an answer to your question. The information provided should NOT be relied upon for making legal decisions. You will be best served by hiring an attorney in your area who specializes in the field of law pertinent to your question.

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Posted

thank you!

Posted

Not telling a biological father that you were pregnant is not a reason for losing custody. If this man is the biological father, he may get visitation rights. If you are worried about your child's safety, you need to be prepared to argue for supervised visitation only. Be prepared to lay out the history of the relationship and your reasons for wanting to protect your child in a way that is focused and to the point. If this guy has a criminal record -- particularly one involving substance abuse or violence -- bring it to the judge's attention. If you ever got a restraining order against this man, bring a copy of the order with you and make sure the judge knows about it. If there is a witness WHO WAS ACTUALLY PRESENT AND SAW HIM ABUSE YOU OR YOUR CAT, bring that witness with you. You may want to practice what you want to say with someone who will play "devil's advocate" so you won't get rattled.

Good luck!

E. Alexandra "Sasha" Golden is a Massachusetts lawyer. All answers are based on Massachusetts law. All answers are for educational purposes and no attorney-client relationship is formed by providing an answer to a question.

Posted

Each of you will tell the court why he should not have any parental rights of visitation rights.


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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.

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