Legal Question in Family Law in Massachusetts

Re: child custody

Assuming there is an existing court order, and assuming that the child has been in Delaware for more than 6 months, the site for a modification or court action is in Delaware.

If you feel that the child is in risk of harm, not just unhappiness, then under some circumstances, you could file an action in Massachusetts.

If you have any questions, call me.

Re: child custody

You first need to see where to file. Many states have enacted the UCCJA, the Uniform Child Custody Jurisdiction Act, which specifies in which state any custody petition must be filed. Regardless of where you file, it is generally a Complaint for Modification that must be filed, stating that it is in the best interest of the child to live with you.

It is not a simple matter, however, to prove what the child's best interest is. Usually, it is best to have the judge appoint a guardian ad litem (investigator) to look into the matter. A 9-year-old's preference is not taken at face value. There needs to be some determination that the child's reasons for wanting to live with you are good ones.

You cannot keep your son at the end of the summer, for example, just because he wants to stay. That will put you in violation of the existing court order, and will severely prejudice your chances of obtaining custody.