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Unwed Moved Child Out of State

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  • 02-18-2014, 04:50 AM
    stephmitts
    Unwed Moved Child Out of State
    My question involves a child custody case from the State of: MA/NH


    I am a unwed mother to a one year old. I was living with my sons father in MA until November. My ex did sign my sons birth certificate and the paternity ppw when he was born. My ex was verbally abusive and compulsive liar among an avid daily pot smoker and drinker never helped with our son or spent time with our son so I took my son and moved back in with my mom who is a resident of NH. Plenty of times before this incident my ex told me to go back to my moms. My mom lives 15-20 min away from where my ex still resides. When I first moved I thought we could get along civilly for our son and make arrangements without getting the courts involved but my ex continued to threaten me and play mind games. The few times I let him take my son by himself he would threaten not to bring him back. I have since filed for support and custody of my son in Mass since that's where we resided and where he still resides and I have not been back in NH for 6 months. We did sign a lease together at the apartment where he still lives.

    Since I filed the paperwork he has obtained a lawyer and I keep getting threatening emails if I don't do what they want then they will do this. They are stating that they can legally make me bring my child back to Mass. The reason I moved out of MAss was I had the option of going to my moms and not to a homeless shelter. I could have moved over 3 hrs away and stayed in Mass but I'm just over the border literally 15-20min away. In their counterclaim they are stating I was living with him when I filed the ppw and after I filed it I then took my son from Mass which is wrong I moved back to my moms in November and filed paperwork in January. They are also stating they will go after me for the lease money. I tried to get off of lease but unless I have a restraining order they won't take me off. I did inform them to make note of date I moved out. I was going to go to court wihtout an attorney but with the threats now I don't know if it's just attorney scare tactic. If I don't agree to their current demands then they will file the counter claim that he is going for sole physical legal custody, wants me to pay support, me to have visitation and me to pay his attorney fees. I can't lose my son he is my life. I am a great mom he is being breastfed. He is very healthy and taken care of.

    Please anyone give me advice. I really can't afford an attorney but if it means getting what I want in terms of my son than I will have to. I think because my child just turned one that I am ok with him having him one night a week and one day on weekends. I'm not ok with him having him overnight yet because I read about psychological damage if my son wakes up and I'm not there.

    Thank you for your time
  • 02-18-2014, 05:11 AM
    Disagreeable
    Re: Unwed Moved Child Out of State
    Yep he has the right jurisdiction and you will likely be ordered to return the child to it. You are also responsible for paying the rent. Just because your nipple and your son have a regular attachment is not grounds to keep dad away. Just because you have an unhealthy attachment to the child is not a reason either. He is the one you thought was awesome sex material and hence parent material for a long time. The judge knows this.
  • 02-18-2014, 05:21 AM
    stephmitts
    Re: Unwed Moved Child Out of State
    thanks for the abrupt and rude response. obviously you are a bitter person. I don't know who pissed in your cheerios.
  • 02-18-2014, 06:30 AM
    llworking
    Re: Unwed Moved Child Out of State
    Quote:

    Quoting stephmitts
    View Post
    thanks for the abrupt and rude response. obviously you are a bitter person. I don't know who pissed in your cheerios.

    He is like that all the time.

    Its actually quite unlikely that you will be ordered to return the child to MA since you are only 15-20 minutes away from dad. However, on the other hand its also highly likely that dad will get at least every other weekend and one night a week. It might start out slower than that, but it will reach that within a few months at most.

    Since dad has an attorney that is willing to make threats like that, you really need your own attorney. Find a way to hire one.
  • 02-18-2014, 06:50 AM
    stephmitts
    Re: Unwed Moved Child Out of State
    Thank you. I don't mind eventually working up to the one overnight a weekend but he hasn't been aroudn for a few months now.. not due to me keeping child from him.. I just want the court order to fall back on in case he threatens not to bring child back. HIs lawyer is a criminal defense attorney.
  • 02-18-2014, 06:54 AM
    llworking
    Re: Unwed Moved Child Out of State
    Quote:

    Quoting stephmitts
    View Post
    Thank you. I don't mind eventually working up to the one overnight a weekend but he hasn't been aroudn for a few months now.. not due to me keeping child from him.. I just want the court order to fall back on in case he threatens not to bring child back. HIs lawyer is a criminal defense attorney.

    Then if you hire a good family law attorney your attorney will likely wipe the floor with his.
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