Legal Question in Family Law in Massachusetts
Change of parental custody
My ex and I have joint legal custody with me having physical custody. What are my options on having his rights terminated and me receiving complete custody?
He has not attempted and communication with her in 2 yrs; even tho she has tried to see him and talk with him.
2 Answers from Attorneys
Re: Change of parental custody
It is unlikely that the courts would remove shared legal custody for this reason, as it seems to be having no effect on your necessary decision-making for the child. It is more unlikely that the courts would terminate his entire parental rights (which, in essence, is setting the child up to be adopted by a step-parent against his wishes -- whether or not that is what you have in mind).
Absent a genuine step-parent adoption request from your current spouse, or some serious resulting difficulty with your own exercise of parental decision-making (which I doubt has occurred), you should simply accept that you have a co-pilot who is asleep for the whole flight.
Re: Change of parental custody
Remote.
If you want to try, file for a modification. If you need help contact me.
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