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Hello Amanda.This is Samuel and I will discuss this and provide you information in this regard.To be clear, the Father is filing for custody? And you want to know what happens if he files? And the Father is listed on the birth certificate?
Thank you.If he files, I suggest you can show that he has never been a participating parent to the child. And as long as you can show that your daughter is well adjusted, living in a safe and happy environment and that you are a good, decent and sound parent, then the best he could hope to achieve is some sort of visitation, which you could request be supervised at first because your daughter does not know him and therefore would need time to be acclimated to the Father's presence.You are correct that he has no custody at this time. And if he files for it, he would need to file in Massachusetts because that is the resident state of the child. Keep in mind that until there is a court order granting him visits, you are under no legal obligation to allow visits.
As to child support, you can file in Massachusetts to have child support ordered, because he is on the birth certificate. And it has nothing to do with him having any custody or visitation rights.
So if he files for any custody or visitation, it needs to be filed in Mass. If he files anywhere else, you will file a Motion to Dismiss because the jurisdiction is not correct. If he files in Mass, you should consider being prepared by showing how well adjusted your daughter is with her school grades, activities in and out of school. Have persons familiar with her and your parenting skills as character witnesses.
Ok. Thank you. If it has not been consistent visits, I suggest you can still request they be supervised at first and in Mass. where your daughter is comfortable.
Again, you are under no legal obligation to allow any visits until a court orders you to do so.
And I suggest if she is not comfortable a court would rule to have visits in Mass. as it is always in the best interest of the child when a court rules. They are not going to rule for his convenience.
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