Chelsea, MA asked in Child Custody and Criminal Law for Massachusetts

Q: If my child’s mother took him to pa and never told me and I haven’t seen my child in over 2years , how can I go bout it?

I don’t what town or what part of pa she is in

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1 Lawyer Answer
Lissa McKinney
Lissa McKinney
Answered
  • Criminal Law Lawyer
  • Acton, MA
  • Licensed in Massachusetts

A: This is tricky because you waited on all your rights to address it. IF you had taken action she could have been prevented from taking the child out of state. Have you been adjudicated the Father via a signed birth certificate or a paternity action? If not you will have to proceed in the Court with jurisdiction over where she is living now. The circumstances between you might matter. Did she have a restraining order? was she given sole legal and physical custody? were you in jail and not notified where she was going? did she move to be with family or for a job?

Now that she has established out of state residence for so long,it will be nearly impossible to get her back here UNLESS there was an open action pending in probate court at the time. Even then you waited so long there may be no way to bring the child back to MA. You can pursue ana ction for visitaiton in PA once you learn where she is. Try using a website called Familytreenow.com and run her name and age and state through that and see if you can find her. Otherwise, you may need to start with an investigator. Good luck

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