Legal Question in Family Law in Massachusetts

I have two children with my ex boyfriend, we have never been married. In addition, he never signed or has acknowledged legally (Acknowledgement of Fatherhood) through the state of Ma in which state my children where born. In the last 8 years he has been in and out of jails due to a bad drug addiction and have a restraining order put on him against myself and my children in the state of Ohio where I had to move after his first arrest.

Now two years later and only about 5 months being out of jail is trying to now fight me to talk and see the kids. Again, I have never filed for child support nor is his name on their birth certificate. He is threathing me to take me to court so he can see his kids. I am not letting him do so, not out spite but out of pure fear of his abusive and distructive behavior.

I have tried up to two years ago to have him have a relationship with his children, but each time he ended up abusing drugs or drinking again. Both of my children have communicated they do not want to see him again and do not like him. He is a distructive force in our lives.

So my question is with his background of having a laundry list of a criminal record, documented drug abuse and a restraining order placed against him due to his addictive nature; what are his chances of being able to obtain vistation rights with my children? He currently does not work a job, nor has his own place. I am the one with college degree, a job and a safe home. What should I be doing in wake of his threats? Thank you.


Asked on 5/16/12, 8:21 pm

1 Answer from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

If he wants contact, he will need to apply to the court for visitation rights. Unless there is a court order for visitation, you are not required to present the kids for visit. If you believe that he poses an imminent risk of harm to the children, you can apply for a restraining order

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Answered on 5/21/12, 7:51 am


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