Legal Question in Family Law in Massachusetts

what is going on???

My 3 year old son lives with his mother and her husband. I take him several times a week. If his mother is not home when I drop my son off, I have had to leave my son with her husband. My son clearly does not want to be with him, he starts crying, it is clear he wants to stay with me, or he will say Momma. On those occasions when all three of us have to be together, my son wants nothing to do with his mother or her husband, he clings to me. Question: do I have to drop my son off with this guy when it is not convenient for his mother to be there? And also, would this be a reason for me to get custody of my son? I don't like this guy, and I am extremely concerned about my son (I don't think he is abused, but I am certain they don't really do anything with him...there's no toys in the house, the only words he's learned are those that I have taught him...my son is just a tool for them to get a cs check, which I don't mind paying, but I want my son to be well cared for, and given plenty of love and attention.)


Asked on 12/20/08, 1:40 pm

2 Answers from Attorneys
Joseph Murray Joseph M. Murray, Esq.

Re: what is going on???

Reatain an attorney to present these facts to the court in a Complaint for Modification. Good Luck!

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Answered on 12/21/08, 8:02 pm
Gregory Lee Gregory P. Lee, Attorney at Law

Re: what is going on???

If you have legitimate concerns about the well-being of your son, you should file a modification action and seek a guardian ad litem appointment. This will be costly, but if you believe that he needs to reside with you, you will find a way to pay the cost.

If you are concerned about abuse or neglect, you have the right to seek a DCF (formerly DSS) investigation. However, reports from men in your situation are routinely screened out and/or given short shrift as being the product of a man's desire to control or punish the mother.

If you have shared legal custody, build a relationship with the boy's physician and other caretakers.

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Answered on 12/22/08, 7:27 am


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