Your question is a little unclear when you talk about the rights of your son’s father. How are these rights established?
If you never married the father, he could have gained rights by establishing paternity and then obtaining a court order through a Custody, Visitation and Support complaint.
If you were married, then I assume he gained rights through a divorce action.
In any event, if his rights were granted by the Probate Court, then you can enter a Complaint for Modification – you will be modifying the original order and the basis must be a material change in circumstance. If you have convincing evidence that the child is in danger from the father or that the father places the child in danger, then “in the best interest of the child” the court will restructure the father’s rights.
That may mean a loss of custody or visitation or a shift supervised visitation – it depends on the situation. You don’t need to strip the father of his paternity or have some one adopt the child to affect the change – what you are talking about is more common in DCF cases were there is severe abuse and/or neglect.
The Probate court seems more than capable of addressing your problem. I would go there first, but you should see a lawyer.
This is not legal advice and is not intended to create an attorney-client relationship. You should speak to an attorney for further information.
To report abuse or neglect of a child, call the Massachusetts Child-at-Risk Hotline anytime of the day or night at 800-792-5200.
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