Q: How does probate court for custody work in Massachusetts
My son is almost 4 and has lived with me his whole life, along with his mother This past January she had gotten us evicted and I have my own apartment, she took my son and is living in a shelter Using my child to get herself state housing, while I work 40 hours a week How can I get to see my son and have him sleep over on weekends She refuses to let me see him and spend any real time with him What do you think would happen in court as far as custody would go
A: Has paternity been acknowledged? If not, then you should commence a Paternity proceeding and request visitation and child support orders to be entered upon a paternity finding. The law in unmarried situations is that the mother is the sole custodial parent, however, upon a showing that you were highly involved with the child and lived together until recently, the Court can order joint legal custody and visitation. You should have a schedule in mind which you can commit to writing for the time you can spend with the child.
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