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.
