Legal Question in Family Law in Massachusetts

Getting 100% legal custody of a child

I have 100% physical custody of my daughter now 8 since she was about 3. Her mother and I share legal. How do I go about getting full legal custody of her in MA? What do I need to do?

Her mothers has a son from another relationship and she does not have custody of him at all. I want to do the same with my daughter.


Asked on 11/03/08, 10:23 am

2 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Getting 100% legal custody of a child

There has to be a material change of circumstances such that a court would consider this in the best interests of the child.

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Answered on 11/04/08, 3:57 pm
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Getting 100% legal custody of a child

First off, in my opinion, shared legal custody is not a major issue unless the mother is making significant attempts to interfere with your medical, educational, and other significant decisions. If she isn't taking him to docs and getting him meds and such without your knowledge, and isn't trying to put him in school elsewhere, you may not NEED the remedy you seek. If you are reasonably concerned that such interference WILL occur based on some pattern or threat, you do what you need to, obviously.

In essence, though, if you believe that a material and significant change of circumstances has occurred regarding the custody of your daughter (APART fro another court's decision about another child), you should file a Complaint for Modification in the court that controls the issue. This is usually the Probate Court in which the matter was originally decided.

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Answered on 11/03/08, 2:18 pm


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