Leone Law Offices

What can we do to get visitation or custody?

Additional Information: Our son, his girlfriend and their baby have been living with me in our Needham home. I took care of the baby while he was finishing high school.  He is now doing online college courses and taking care of the baby.  The baby’s mother has found a new boyfriend and took the baby and moved in with him. I called social services and they said the mom has custody until a court hearing, and we can’t even see the baby, what can we do??

Attorney Answer:

Your son can file a Complaint for Custody, Support and Visitation.  You mentioned that your son was taking care of the baby while taking on-line classes, but did not mention if/when his ex-girlfriend was taking care of the baby.  Assuming that your son was the primary caretaker, he will want to file that complaint sooner rather than later and file a Motion for Temporary Orders with it so that he can get a quick court date and argue that he should have physical custody because he has historically been the primary caretaker.  He can ask for a visitation schedule (or, parenting plan as it is better called now) that will be in your grandchild’s best interest.  If the Court grants custody to your son, his ex-girlfriend will likely have to pay him child support.

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