As an unwed mother, you have first dibs basicly on custody. He would have to sue to get it. However, if you intend to give up your daughter to the state, then he would probably be successful in getting her unless you could prove abuse. Basicly, he could probably get her as he is second in line to have custody in an unmarried situation.

Because every situation and circumstance is unique, the answer to YOUR question may require a different answer or explanation than what is given here.
As always, do not consider this to be legal or accounting advice. You should always consult a paid professional

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Because every situation and circumstance is unique, the answer to YOUR question may require a different answer or explanation than what is given here.
As always, do not consider this to be legal or accounting advice. You should always consult a paid professional

The main menu

GENERAL LAWS OF MASSACHUSETTS
The General Laws of Massachusetts
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CHILDREN BORN OUT OF WEDLOCK: Award of custody; criteria

Upon or after an adjudication or voluntary acknowledgment of paternity, the court may award custody to the mother or the father or to them jointly or to another suitable person as hereafter further specified as may be appropriate in the best interests of the child.

In awarding custody to one of the parents, the court shall, to the extent possible, preserve the relationship between the child and the primary caretaker parent. The court shall also consider where and with whom the child has resided within the six months immediately preceding proceedings pursuant to this chapter and whether one or both of the parents has established a personal and parental relationship with the child or has exercised parental responsibility in the best interests of the child
In awarding the parents joint custody, the court shall do so only if the parents have entered into an agreement pursuant to section eleven or the court finds that the parents have successfully exercised joint responsibility for the child prior to the commencement of proceedings pursuant to this chapter and have the ability to communicate and plan with each other concerning the child’s best interests.

(b) Prior to or in the absence of an adjudication or voluntary acknowledgment of paternity, the mother shall have custody of a child born out of wedlock. In the absence of an order or judgment of a probate and family court relative to custody, the mother shall continue to have custody of a child after an adjudication of paternity or voluntary acknowledgment of parentage.

(c) If either parent is dead, unfit or unavailable or relinquishes care of the child or abandons the child and the other parent is fit to have custody, that parent shall be entitled to custody.

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Acknowledgment of parentage; approval; parental agreements regarding custody, support and visitation

A written voluntary acknowledgment of parentage executed jointly by the putative father, whether a minor or not, and the mother of the child, whether a minor or not, and filed with the registrar of vital records and statistics or with the court shall be recognized as a sufficient basis for seeking an order of support, visitation or custody with respect to the child without further proceedings to establish paternity, and no judicial proceeding shall be required or permitted to ratify an acknowledgment that has not been challenged pursuant to this section. A report, prepared on an electronic system of birth registration approved by the commissioner of public health and indicating that an acknowledgment pursuant to this chapter has been executed in accordance with section 3C of chapter 46 and filed with the registrar of vital records and statistics, shall be presumed to be a sufficient basis for seeking an order of support, visitation or custody without further proceedings to establish paternity. The voluntary acknowledgment shall be attested to before a notary public and shall have the legal effect as provided in this section. Unless either signatory rescinds the acknowledgment within 60 days of the date of signing as provided in this section, the acknowledgment shall establish paternity as of the date it has been signed by such putative father and mother and shall have the same force and effect as a judgment of paternity, subject to challenge within one year only on the basis of fraud, duress or material mistake of fact; provided, however, that if, prior to the expiration of the 60-day period, the signatory is a party to an administrative or judicial proceeding related to the child, including a proceeding to establish child support, visitation or custody, and fails to rescind the acknowledgment at the time of such proceeding, the acknowledgment shall thereafter have the same force and effect as a judgment, subject to challenge only as provided in this section. The person seeking to rescind the acknowledgment shall, within 60 days of signing the acknowledgment, file a petition in the probate and family court in the county in which the child and one of the parents resides seeking to rescind the acknowledgment, with notice to the other parent. If neither of the parents lives in the same county as the child, then such complaint shall be filed in the county where the child lives. If the child whose paternity is challenged is a recipient of public assistance and the department of transitional assistance, the department of social services, the division of medical assistance or any other public assistance program has not been made a party, or if the child is receiving child support enforcement services from the IV-D agency pursuant to chapter 119A, the court shall notify the IV-D agency. The person seeking to rescind the acknowledgment shall bear the burden of proof in such proceeding. The responsibilities of a signatory arising from the acknowledgment shall not be suspended during the pendency of such challenge unless the court so orders for good cause shown. If either party rescinds the acknowledgment in a timely fashion, the court shall order genetic marker testing and proceed to adjudicate paternity or nonpaternity in accordance with this chapter; provided, however, that the rescinded acknowledgment shall constitute the proper showing required for an order to submit to such testing; and provided further, that the rescinded acknowledgment shall be admissible as evidence of the putative father’s paternity and shall serve as sufficient basis for admitting the report of the results of genetic marker tests. Upon adjudication of nonpaternity, the court shall instruct the registrar of vital records and statistics as provided in section 13 of chapter 46 to amend the birth record of the child in accordance with the order of the court.
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it is non of my business, but maybe you should think of why you are planning the custody arrangement while hoping to make the relationship work? do you really want it to work or have you already set your mind...?

if you would like to be able to live in another state with your daughter, you should probably try to move there now, when you are still with her dad.
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it is non of my business, but maybe you should think of why you are planning the custody arrangement while hoping to make the relationship work? do you really want it to work or have you already set your mind...?

if you would like to be able to live in another state with your daughter, you should probably try to move there now, when you are still with her dad.

good luck!

The mother is almost always the custodial parent of a child unless she is unfit, which you are obviously not! Having his last name just means that he is the father named on the birth certificate - no more! If you separate, he doesn't automatically get joint custody. He can file for joint custody if he chooses to do so! Otherwise he'll get court-ordered visitation, and will legally have to support his daughter with maintenance payments. Leaving the state is tricky! That makes his visitation very difficult. If he gets joi...

The mother is almost always the custodial parent of a child unless she is unfit, which you are obviously not! Having his last name just means that he is the father named on the birth certificate - no more! If you separate, he doesn't automatically get joint custody. He can file for joint custody if he chooses to do so! Otherwise he'll get court-ordered visitation, and will legally have to support his daughter with maintenance payments. Leaving the state is tricky! That makes his visitation very difficult. If he gets joint custody, you will still be the custodial parent, but you can't leave the state without his approval! Food for thought! Hope it all works out for you!