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  1. #1
    Join Date
    Mar 2012
    Posts
    2

    Default Can You Prevent An Abusive Father From Establishing Paternity

    My question involves a child custody case from the State of: Massachusetts

    I'm a single mom of a three year old. I was with my sons father for almost four years prior to becoming pregnant. He was very abusive throughout the relationship. I left him when I was six months pregnant with a police escort. There was a restraining order on file for a little over a year. The DA ended up pressing charges against him. He received six months probation. He has an extensive record that I never knew about until I left and was given his record due to being a victim. He has never tried to see my child and he is not on the birth certificate. I want to prepare myself because I have heard a few rumors around town that he might petition for rights. Is there anything I can do to prevent this? I am concerned for my childs safety. I've learned that he has a drug habit. I want to do anything and everything to prevent him from seeing my child. I am established. I have a job, an apartment, no criminal record, no drug history, and a great support system from family and friends. Any advice?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Different Situation. Can't Find Any Information. Help

    If he wants to petition to establish paternity, he will be allowed to do so.

    If he requests visitation, at the very least he'll get supervised visitation (since he has never represented a threat to the child).

    (you situation is far more common than you might think)

  3. #3
    Join Date
    Mar 2012
    Posts
    2

    Default Re: Different Situation. Can't Find Any Information. Help

    will he need to establish paternity since hes not on the birth certificate? and if he has a drug problem will he be drug tested? and will that effect any visitation order? i'm hoping that it will work in my favor. and if paternity needs to be established, is it out of pocket on my end or his or will the courts pay for it?

    he also has a very violent criminal record and has done time ( none of which I was aware of until after I left) will that effect anything?

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Different Situation. Can't Find Any Information. Help

    He'll need to establish paternity. Who pays for what will depend on your local court; if he files and it's positive, he might find there's no cost. If he files and it's negative he'll generally have to pay. If you fight the petition, and it's positive, you will generally have to pay.

    You'll have to show evidence that he's using drugs in order for him to be drug tested; an allegation alone won't be enough. But even if he tests positive though, all that will happen is that his visitation will be supervised (in all likelihood). It won't prevent visitation.

    Mom, I know you don't want to hear this, but this is how the courts see it: You picked him to be Dad, and the court trusts your decision unless he's proven unfit.

    Drug use alone does not necessarily mean he's unfit. Neither will his criminal record; the court expects you to practice due diligence and know who you're sleeping with.

    This is is the really depressing part: The acceptable standard of parenting is really, really low. It is INCREDIBLY difficult to convince a court that no visitation whatsoever is appropriate.

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