Long dramatic story short.... I left my husband for another man, he knocked me up, and then left me when our son was 6 months.
Because of Massachusetts law, he's not on the birth certificate, my estranged husband is.
I want full custody of my son because I don't think he's safe around his father.
I also want to collect child support and to move back to the state I lived in before I was pregnant.
On his father's side, he wants to keep me in Massachusetts saying I'm kidnapping his son.
My question is, what his rights are to the child and what are mine?
And also, how do I go about accomplishing the things I've listed?
Following up on Atty. Reade's answer with your comment in mind, it would seem that the legal father (your husband) would not be inclined to object to you moving the child out of Massachusetts and since you are moving with the child back to his state, he likely wouldn't have standing to complain. The bio father should have a tough time overcoming the presumption that your husband is the father. On the other hand, if you are going to seek support from the birth father rather than the legal father, you will be on the same side as the birth father in trying to overcome the presumption and might thereby assist him in gaining a right to contest your move. If you have good solid evidence that the birth father is abusive, that it is not in the child's best interests to be with him and you have a legitimate interest other than just separating the child from his father to move back to your former state, you might be able to accomplish some of the things you have listed. But, as Atty. Robbins said, you present several questions of law that are very much fact-based and really require a detailed analysis to give you a complete answer.
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I am sorry that you are dealing with this situation. You raise multiple issues regarding paternity, custody, parenting time / visitation, relocation, and child support. I STRONGLY suggest that you contact an attorney who handles family / matrimonial matters as they can address each one of these issues and provide you with some feedback.
I wish you the best of luck.
Unless the biological father is willing to establish paternity, then the courts will treat this with the inference that your husband is the father. You will have to file a complaint seeking to remove the child from the Commonwealth, and seeking child support. If the court granted your request to move to a different state, it is likely that the court would also impose a parenting/visitation schedule with your husband. This is a very generalized answer, and you should seek an attorney immediately for representation because removal cases require in-depth knowledge of the case law in this area.
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