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