Assuming the father is on the birth certificate, you will want to file a Complaint for Support/Custody/Visitation. You can obtain the form here: http://www.mass.gov/courts/courtsandjudges/courts/probateandfamilycourt/documents/cjd109.pdf
You will be given a court date when upon you, if representing yourselves, be assigned a court probation officer who will attempt to mediate your situation, and failing at success present the case to the judge who will make a ruling as to the best interests of the child.
It is best to have an attorney for such a situation to best your child. Contact a local family lawyer for help and good luck!
A. Will Vella is an Massachusetts licensed attorney who focuses his practice on small business, family issues, and small personal matters . This response is for general informational purposes and does not constitute legal advice. Additionally, this response does not create an attorney client relationship. If you need legal advice, please contact a lawyer in your state who practices in the appropriate area.
You will want to file a Complaint for Support, Custody and Visitation with your probate and family court. If he has not been adjudicated the father or acknowledged paternity, you will have to file a Complaint to Establish Paternity. Once you have filed the complaint, you will want to file a Motion for Temporary Orders, and schedule it for hearing. The register's office will be able to help you with completing the forms and scheduling the motion. Best of luck.
Any answer provided herein does not constitute an attorney-client relationship. Do not rely solely on these responses, but rather consult with an attorney.
Sitting down and ironing out a parenting plan is absolutely the right thing to do. It ensures that both parties know what is expected of them, and it can be enforced if one of the parties fails to live up to those expectations.
If paternity has not yet been establish, you should file a complaint to establish paternity and for support. At that time, you will be permitted to enter agreements on custody, visitation, etc. If you can, you should absolutely retain counsel.
Christopher Vaughn-Martel is a Massachusetts lawyer with the firm of Vaughn-Martel Law in Boston, Massachusetts. All answers are based on Massachusetts law and the limited facts presented by the questioner. All answers are provided to the general public for educational purposes only and no attorney-client relationship is formed by providing an answer to a question. To schedule a consultation with a lawyer, and obtain advice and review of your specific legal issue, please call us today at 617-357-4898 or visit us at www.vaughnmartel.com.