Legal Question in Family Law in Massachusetts

Child care and custody

i have pretty much taken care of my son over the past 4 yrs. his mother is in the scene but basically comes around when she feels like it. once in a while she threatens me with him for no reason. this usually happens when she fights with her boyfriend or just when something angers her in her circle and she feels like taking it out on someone, it ends up being me. i have my own personal records of everytime she didnt show up to get him or he came home with massive amounts of bug bites from her home, and everything else that has happened over the past 4 yrs. can i use any of this when i take her to court and what do you recommend i do in this matter. also, does she have any right to just say something like you can't see him this week when she's in one of her moods or do i have certain rights. unfortunately as the father who has takin care of this child his whole life it feels like im still under her power.


Asked on 10/31/07, 11:19 am

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Child care and custody

If you feel that the circumstances of the contact are not good for him, or there are other risk factors, you should seek a complaint for modification of the contacts.

If you need assistance, call me.

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Answered on 10/31/07, 12:09 pm

Re: Child care and custody

It is unclear who has physical custody of your son. If it is the mother and you are concerned for his health you can file a complaint for Modification and Custody. If you have custody and she is acting to the detriment of the child, you can seek a modification her visitation rights.

Neither you or she has the arbitrary right tom deny the other visitation unless it is for a good reaon. He is home with the flu, a school outing, or something reasonable.

Good Luck.

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Answered on 10/31/07, 12:23 pm


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