Chelsea, MA asked in Child Custody and Child Support for Massachusetts

Q: If a father is on child support can can he gets custody ?

My baby father wants joint custody of his child

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2 Lawyer Answers

A: Where parties are unmarried the presumption is that mother has sole custody. If you were living together or if he was highly involved with the child, then he may have basis to claim joint legal custody. If there are facts which indicate physical custody is being shared equally, he may claim same. However, essentially the best interests of the child determine who has primary physical custody and unless there is a risk to the child's safety or well-being father would be eligible to have visitation.

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A: He can file a motion for custody and modification of support. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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