Unwed father, unfit mother what are the father's rights

This is a discussion on Unwed father, unfit mother what are the father's rights within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; Franklin County Massachusetts My friend's ex-girlfriend just had a baby less than a month ago. He was there when his ...

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Old Jul 1st, 2009, 08:26 PM   #1
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Confused Unwed father, unfit mother what are the father's rights

Franklin County Massachusetts

My friend's ex-girlfriend just had a baby less than a month ago. He was there when his son was born and attended all prenatal appointments. He was the happiest new father I have ever seen. The mother took off with the baby before he was even 3 weeks old and was found a week later in a house where cocaine was being used. Both her and the baby tested positive. Child Services is involved and the baby is in foster care. My friend wants his baby, but there seems to be resistance about this.

Prior to the baby's birth both my friend and his ex sat down to work out a plan for joint custody and the plan was to legalize all this through the courts but all this happened before he was able to get it into court.
What can he do and why is it so hard for unwed fathers?


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Old Jul 1st, 2009, 09:17 PM   #2
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Default Re: Unwed father, unfit mother what are the father's rights

He needs to get a lawyer and go to court to establish paternity. He has no rights to the baby until a DNA test/Court order granting such. That will give him the ability to petition to seek custody or visitation.

He needs a lawyer fast as this will get very complicated. Ask your attorney if MAssachusetts is a putative father state so you can get on a registry and the state must contact you before they decide on babys' fate. You have a limited time window to apply to this also.
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Old Jul 16th, 2009, 02:19 PM   #3
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Default Re: Unwed father, unfit mother what are the father's rights

Is the father's name on the birth certificate? If so, he should file for sole custody. This woman has proven herself a reckless and unfit parent to do that to her own child at such a tender age.

I hope he gets his child back. Good luck to him.
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Old Jul 16th, 2009, 02:40 PM   #4
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Default Re: Unwed father, unfit mother what are the father's rights

He needs an attorney to file an emergency order for custody. There may be some resistance since they were unwed. But he shouldn't have much of a problem once he cuts through whatever red tape that may cause to get primary custody.

I hope you check back and let us know how it goes.
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