Legal Question in Family Law in Massachusetts
I have my 22 year old daughter and her 3yr child living with me. My daughter is a full time college student, I provide all financial support for both my daughter and granddaughter including health-- every thing except some college expenses that are thru student loans. Recently daughter was intimidated to sign legal documents with paternal grandmother and father of her child (also college student living in a dorm) stating joint custody. This was done so that the father can claim child on taxs. Father in part time worker-- does not support child but agreed to pay $40/wk and claim joint cusstody. My question is if my daughter is under my custody even though she is of legal age, can she sign legal documents without including me in the discussion? Also, this was done in Paternal grandmother's lawyers office without counsel for daughter. 2nd, can a full time student living in a dorm legally claim joint custody (child lives with me, sleeps over paternal grandparents home 1 night a week)?
1 Answer from Attorneys
First, you need to take your daughter and go to see an attorney ASAP.
However, your daughter is an adult and can sign anything she wants, you have no legal authority to restrict her ability to sign anything unless you are her legal guardian (by Court Order).
As to the payment, of $40K, the father is obligated to pay child support based on his income usually not less than $75 per week and it goes up as his earnings increase.
Joint Custody does not mean physical custody, it means he has rights as a father to participate in decisions regarding the child's health and education and a right to see the child.
He would most likely be able to obtain joint custody if he went to court, however, I am more concerned as to what this paper provides for and how it is drafted.
You need to go see an attorney as soon as possible with your daughter and a copy of what was signed.
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