Readers of our Massachusetts family law blog may be interested to learn of the progression of a Child support and visitation case that continues to grab headlines. The woman involved has sued Massachusetts for forcing her to have a relationship with her rapist. The victim became pregnant after the rape and had a baby in 2009.
The defendant has been required to pay Child support by the state, and is seeking parental privileges and child visitation rights. A judge ordered the defendant to pay $110 per week in Child support. The support order precipitated the defendant to seek visitation rights. The victim has previously requested that he be ordered to pay restitution instead of Child support. However, both the family court assigned to hear the case and the Massachusetts Supreme Judicial Court denied her request.
The victim's lawsuit sets forth claims that her federal rights have been violated by the Child support order. Essentially, she claims that she has been forced into an unwanted relationship with her attacker. Her lawsuit also points out that there has never been a similar order entered which forces this type of relationship on a victim and his or her attacker.
Litigation continues in this precedential case. Details of the crime involved in the case aside, it highlights the family law issues involved once a Child support order has been entered. Child support and Child custody and visitation are potentially contentious issues that can arise in any family law matter involving children. Central Massachusetts Family Law Attorneys specialize in helping clients with these issues and ensuring that the best interests of the child are protected. At the end of the day, the health and welfare of the child is the most important thing.
Source: My Fox Boston, "Mass. Rape victim sues state for forcing relationship with attacker," Aug. 25, 2013