I am an unmarried single mother of a 3 year old son. the father of
my son and I once considered getting married, but never did. When my son was 10 months
old, the father was arrested, convicted, and sentenced for 6 1/2 years in federal prison for possession of child pornography of pre-mid puberty boys. Totally shocked and confused but I've put my emotions behind and kept my focus on the safety, security, and well-beingof my son. I am a full time employee, and provide my son with all his needs including his health/dental insurance, except for his school. Although I visited the father with my son a couple of times, he is out of the picture of my son. When he is released, he'd be registered as level 3 sex offender, and I feel uncomfortable living with him. What are my rights?
You certainly do not have to live with this man or let him live with you.
You mentioned that you are not married but didn't mention whether you put the father's name on your son's birth certificate. If you did not, the only "rights" the father has are ones you let him have or ones that he gets from filing a complaint for paternity. If the father is on your son's birth certificate and you refuse to let him see his son, he can file a complaint for custody or visitation. He would then have to convince the court that it is in your son's best interests to have contact with him.
It would be nearly unheard of for the father in the situation you describe to get even shared legal custody, let alone any level of physical custody but a court MIGHT permit him to enter into a plan for being reintroduced to his son through telephone or video contact, if he is on the birth certificate AND convinces the judge that your son would not be harmed by having supervised contact with him.
You have the right to choose where you live; you do no need to live with the father roof your child or allow the father roof your child to live with you. You have no obligation to allow him in your home.
From what you describe there have been no legal proceedings or orders to date regarding the legal or physical custody of your child at this time. If that is the case, as an unwed mother you currently have both legal and physical custody of your son. The father would need to bring a Complaint in the Probate and Family Court in order to get visitation. If his name is on the birth certificate he can file a Complaint for Support-Custody-Visitation. If he is not on the birth certificate he can bring a Complaint for Paternity first and then seek visitation.
You must be served with any action that the father of the child brings. You then have a right to defend against the action and will have an opportunity to present proof of the reasons he should not have visitation with your son. Considering the facts of your situation as presented in your summary, I think it is of the utmost importance that you contact an attorney immediately if you are served with a Summons. I recommend that you contact an attorney to make sure that you case is thoroughly presented and to make certain that you do not give up rights during the process because you do not understand the implications of doing so.
