Q: i live with my child's father but we had a nasty break up. We are not married. what are my rights?
and how would i pursue this to take him to court, ask him to move out and have him served with papers?
A: Has Paternity been established? If not, you would start there and can contact the Massachusetts Department of Revenue Child Support Enforcement Unit to work on this issue of establishing his paternity and child support orders. The DOR does not get involved in custody or visitation issues, however. Although the presumption is sole custody in the unmarried mother, where you have been living together since the child's birth there could be a custody or visitation issue and depending upon the facts there may be a viable claim for joint legal custody and visitation which father may pursue. It is hard to advise without knowing the facts.
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