Legal Question in Family Law in Massachusetts
ex with an agenda
my daughter, who is 5, decided to touch the glass front on our pellet stove. When I asked her why she did that she said she wanted to see if it was hot. She burnt the tip of her middle finger only. We have an extremely heavy fireplace gate around it, but she stood on her tiptoes and reached off to the side where it is a little bit lower. My ex called DSS and filed a complaint against me, probably for an unsafe home. Now someone from their office has to come out and check out our home. Is it time for me to get a lawyer? Kids do have accidents, things happen...I am worried that if something really big happens wth any of my 3 children (all toddlers) while in my care, she will try and keep them from me altogether!
4 Answers from Attorneys
Re: ex with an agenda
Get an attorney in your area who specializes in family law (Divorce, Custody and DSS issues). This is clearly the first step in an attempt to have you declared unfit as a parent and/or a danger to the health and safety of the children.
Re: ex with an agenda
Mr. Weicker is on point. You should have a good attorney on tap, and to assist with this matter. Do not be OVERLY defensive with DSS -- if the pellet stove should be less accessible to your kids, MAKE IT SO before they get there, and review the entire house for safety issues. The attorney should be a regular in the courts out your way, which is Northern Worcester County. I am happy to recommend a firm I once worked for out there if you e-mail me.
: ex with an agenda
Yes.
My experience in dealing with DSS is such that an attorney is not an option; it is a need.
If you need such contact or information, contact me.
Re: ex with an agenda
Don't worry. DSS will investigate but it sounds like an accident that could happen to any parent. Take precautions to ensure your daughter cannot touch the stove in the future. DSS should screen out the father's complaint based on these facts alone. What were you doing when this happened? Why didn't you see what she was doing? Be prepared to answer these questions.