Legal Question in Family Law in Massachusetts

never married, active RO with children under order. defendant seeking visitation through his attorney.

with the presumption that child support, filed through family probate is NOT related to custody/parenting... I put in paperwork to family probate. Did I make a mistake? Did I open an opportunity for defendant to now seek parenting/vists/custody? We were never married, he is on birth certificate.

I called the constable to STOP serve on the child support which he confirmed. It looks like his attorney found my docket # when I filed in probate. Since it has not been properly served, should I file a Notice of Voluntary Dismissal?

Will I be able to seek child support through another way without custody being challenged? my children's safety and mental health means a lot more than his financial support..... if one affects the other.

thank you

Asked on 7/13/22, 8:50 am

1 Answer from Attorneys

Alan Pransky Law Office of Alan J. Pransky

If he has hired an attorney it is unlikely that he will stop asking for visitation just because you have backed down on child support. You should proceed with serving him for child support and proceed in court. The Judge will have to consider the restraining order. The Judge will assume that the children will be better off in the long run if they have a relationship with their father. You should be better off if you are receiving child support. Of course your safety and the safety of the children is paramount. The children's mental health is important and failure to have a relationship with father can cause mental health problems.

Child support should include regular payments, payments for uninsured medical bills, extra curricular activities, and college. Over a potential 23 year period, this can be a lot of money.;

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Answered on 7/14/22, 6:51 am

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