Legal Question in Family Law in Massachusetts

Child custody
My husband's 16 year old has come to live with us. My husband filed for custody. He went to court and they granted him temporary custody pending a next court date in August. His wife has kept my husband away from their youngest child that is still in her custody. They set up a visitation schedule for now but she won't adhere to it. She refuses to let my husband see his other son and is constantly emailing the other one. My husband has told her nicely that visitation needs to go through him but she refuses. What can my husband do to see his son again?

Asked on 6/25/09, 1:19 pm

3 Answers from Attorneys

Gabriel Cheong Infinity Law Group

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Re: Child custody

At this point, since he's already in the court system for custody of the 16 yr old...he would go through the court for any modification or contempts of the younger child.

Answered on 6/25/09, 1:51 pm

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Gregory Lee Gregory P. Lee, Attorney at Law

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Re: Child custody

Your husband should file a contempt action for the visitation. Given the total circumstances you describe, you may want the help of an attorney local to you.

Your husband's view on visitation of the 16-year-old, by the way, seems skewed to me. It is not generally inappropriate for a young man that age to have something to say about his own visitation, so long as the mother is safe. The boy is at an age where kids sometimes "vote with their feet." Indeed, this may be part of why he is with you.

Answered on 6/25/09, 3:03 pm

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