What rights does the biological father have?

Asked almost 2 years ago - 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?

Attorney answers (3)

  1. Gary S. Sinclair

    Contributor Level 13

    7

    Lawyers agree

    Answered . 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... more
  2. E. Alexandra Golden

    Contributor Level 19

    1

    Lawyer agrees

    Answered . 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... more
  3. Henry Lebensbaum

    Contributor Level 20

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


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