ADDITIONAL INFORMATION:

The father left me when I was 5 weeks pregnant and has not been involved …he is wanted for 3 warrants. He is a recovering drug addict.

ANSWER BY MARGARET CROSS-BELIVEAU:

First the paternity must be established.  If you did not name the father on the birth certificate and you were not married, he would have to petition the court to establish paternity.  Once paternity is established, he can request visitation or joint custody.  At this point, you can request child support.  However, if he does petition the court, he will be arrested at that time on the outstanding warrants.  His arrest and/or conviction is not enough to completely sever his parental rights.  The family court would have to make a separate determination that he is an unfit parent.

Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

Beliveau Law Group: Massachusetts | Florida | New Hampshire

The family law attorneys at the Beliveau Law Group provide legal services for probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.