Legal Question in Family Law in Massachusetts

Child Guardianship, Custody, and Support

I am the father of a 4 year old girl who is currently living with my mother. The child's mother and I separated some time ago, and are awaiting finalization of our divorce, but due to her living situation and my own (I am in the military and have not, until recently, been able to have the child live with me) my daughter was taken in by my mother. I have been paying a good sum of money towards the care of my daughter, and am now attempting to bring her back to live with me. However, my mother is now seeking child support and insists that I bring up a custody suit in order to have my daughter come back. I am desperately seeking any and all advice as to what I need to do to protect my daughter and myself, and hopefully, to have her come back and live with me.


Asked on 7/22/07, 4:06 pm

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

: Child Guardianship, Custody, and Support

You may be stuck. To enforce your rights, and to make sure that they are based on a solid foundation, you will have to take legal action. The sooner this is done, the better.

If you have questions or need assistance, contact me.

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Answered on 7/22/07, 4:13 pm
Anne Marie Healy Law Offices of Anne Marie Healy

Re: Child Guardianship, Custody, and Support

You need to file an OSC for custody. I'm unsure where your action is located, but contact an attorney where the case is pending or where the child is living (these facts are missing) and file an action for custody.

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Answered on 7/22/07, 9:18 pm

Re: Child Guardianship, Custody, and Support

You need to file an action where the child is living or where the divorce is pending to seek physical custody of the child. If you are not presently represented by an attorney. I suggest you retain one as soon as possible. If you are in the military I would suggest you contact your local legal office for assistance there in getting civilian counsel.

Getting permission to remove the child from the state where she is living and where the divorce is pending will require your spouses agreement and/or a court order.

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Answered on 7/22/07, 9:40 pm


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