Q: Custody rights between unwed couple in Massachusetts when mother is presently in rehab & father has walked out twice.
The mother is currently in an out-of-state rehab for substance abuse. She went voluntarily of her own accord. She has had primary custody of the child up to this point (she and the father worked this out themselves without court involvement), and in her absence grandparents were to step in and help out with child care and taking the child to the school he has attended for the last year plus. Father lives 2 hours away from the child’s primary residence & school. He “walked out” on the child and his mother twice. He is residing with another woman and has fathered a child by her. They are also unwed.
After the mother left Massachusetts for rehab, the father decided to uproot the child to his place of residence and change his school. Can he do this? Does the mother have any recourse while she is out of state in rehab? Can her family intervene in her absence?
A: Did anyone petition the Probate Court for guardianship of the child? Waiting until the child has been out of state more than 6 months will be a problem and letting the child be taken without seeking the involvement of the Court was not a good plan and it will be more difficult for you to seek guardianship. Did mother of the child assent to the father taking the child? Was DCF involved? You should seek counsel as soon as possible to prepare documentation and your concerns about his ability to care for the child, if applicable. .
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