Legal Question in Family Law in Massachusetts

I live in mass. I have had sole custody of my son for 8+ years, his mom went to court and gave all custodial, parental and physical custody to me,,, (she found the needle). Last July during a busy with her, she told him I didn't want him anymore. She told me that he wanted to live with her and he is old enough to decide(12) where he wants to live. When I picked him up, she wouldn't let him out, so he climbed out a window in the back and escaped through an adjacent unit. She then filed for change of custody. Sighting that I was homeless, unemployed and a drug addict. For the first time in the 8 years he said he wa afraid and confided in me about neglect and abuse that had been going on there. When I refused to bring him to visit, she filled for an "emergency" change of custody.. Stating same three reasons. DCF, opened 7 neglect charges against her including a 51A. At the emergency hearing, the judge denied her request. I have (rent) a 3 bedroom, no drugs and make over $50K. She told her that by law she had the right to be heard for original complaint. I went. Same 3 reasons, and nothing changed for me. The mother was asked what outcome she wanted. She told judge either she gets full or put him in state care??? 9 appearances later, I missed 2 dates because I never received notice. At next I asked to have case dropped because not only were her three reasons disproven, but she is an admitted drug user, to the judge, she lives in a homeless shelter with 2 toddlers, different father, and has not worked since 2006. Yesterday, I missed second appearence. Judge said she was fed up with me and even though the one visit I had to allow needed to be supervised, she transferred custody to her. My son told me that she assaulted him during the 1 visit and was in fear. That's why he cut a 3 hour visit to 20 minutes when she grabbed him and shook him yelling Dads the bad guy, not me... My son and I went to the court in the town it happened, the advocate said go to the probate, let them know about the assault, then go to your home town and file a R.O., then Monday file the assault charges here. Off we went. We arrived just after lunch started. Waited an hour and themn was informed the judge was not in today. I asked the clerk for paperwork, and told him what happened with my son. He looked over the court docs and realized they had 3 different addresses and probably paperwork was infact mailed to wrong address. I pleaded for my sons safety and simply asked to stay the transfer until I could go before the judge on Monday. He granted me an "emergency hearing " and said the judge he was clerking for would hear it. I filed out the affidavits and the receiving clerk called him to make sure it was allowed and he said yes. She draped it as filed today and we ran to the court room because it is now 3:45. 10 minutes later the clerk walked out and another gave me my folder and said the judge is refusing to hear the motion. He didn't want to rule over another judge. He never even read the motion, simply said he won't stay another judges decision. I said my son was in danger.. He abruptly cut me off and said " he won't hear it"...

We did all of this because DCF told us to and to do what ever it takes to keep her away from my son. Tomorrow she is coming to take him by force with Police assistance with her temporary court order:(. I know I'm partial, does any of this seem proper, right? What can I do. She will be here at 5pm tomorrow.. 15 hours away...


Asked on 5/09/14, 11:23 pm

1 Answer from Attorneys

Bill Farias Law offices of Bill Farias

It seems that anything short of convincing a judge of your position will be insufficient. You should consult a local attorney for help. This may have become too difficult to dig yourself out of alone.

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Answered on 5/12/14, 11:04 am


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