Providence, RI asked in Child Custody, Child Support, Domestic Violence and Family Law for Massachusetts

Q: Will withholding child from father affect child support case?

I recently left my son's father and moved back to Massachusetts. We were never married. I've raised concerns about a bunk bed he bought for our two-year-old son, but when I asked to see a picture for safety reasons, he insulted me. He has violent tendencies, although never physical with me, he's punched walls and broken electronics when mad. I've decided to keep our son with me due to safety concerns. There are no existing court orders, and we initially agreed on weekend visits before the verbal abuse began. If I go to court for child support, will it look bad if I don't allow him to see our son due to these safety concerns? He prefers court involvement for support as he doesn’t trust me.

1 Lawyer Answer

A: Situations like this are best managed in Court, so the boundaries are clear. You may be afraid, but the real question is whether you have a real fear of harm to your child as a result. If he has never harmed the baby and offers responsible care, you might look bad for refusing the parenting time. It is hard. A Court can decide to order supervised visits if there is any risk, or a parenting/nurturing class too. The important thing is that child support gets paid whether or not the father sees the child, and it is separately treated in Probate Court. Child support gets determined based on incomes and offsets. Parenting time and sharing holidays, vacations, etc. gets negotiated and ordered. They will not want you controlling the development of the child's relationship with the other parent, and will set parameters that offer you guidance and comfort. File in Court. If you need a restraining order, you can see if you qualify as well. Godd luck-

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