Legal Question in Family Law in Massachusetts
Combative soon to be Ex custodial parent
I have a two year old girl. Her mother and I are in the process of getting a divorce. Feb. her Mother went through my wallet, found a small amount of cocaine, and went crazy. I went through drug counciling, tried to persuade her to undergo joint therapy in an attempt to save the marriage...she refused.
Four attempts at mediation were fruitless, due to her anger.
I have allowed her to take our child to China for several weeks (Wife is Chinese.) am paying more than I need to for support, and didn't object when she stated that she needed to relocate to N.Y. for career. (Her parents also live there.)I have been taking drug tests monthly, and at her request. All negative.
Question: She refuses to make any attempts to meet me with our child. Instead, she wants me to pick her up at her day care in NY, and return her as well. Is that legal? Isn't she obligated to meet me, as she is the one who left.
My current lawyer insists that due to my drug use, she has the sympathy of the courts.
I'm not an addict. I'm a great father, who hasn't seen his daughter in six weeks! My payments are current, and I want her to make arrangements to get my daughter to me.
What are my legal options? I'm getting a second opinion, and another lawyer.
3 Answers from Attorneys
Re: Combative soon to be Ex custodial parent
What you raise is complex. I do not understand if you have a lawyer & what problem you are facing with your lawyer.
If you wish a second a opinion, contact me.
Re: Combative soon to be Ex custodial parent
It is not automatic that because she was the one who left, she must meet you in any particular place. That is in the court's discretion.
You need to get into court via a motion and argue that it is wholly unreasonable that mother should make no effort to meet you at a convenient place to exchange the child. I would go to court armed with suggestions.
My experience has been good in having the parents meet at some convenient place in Connecticut.
I assume your case is filed in Massachusetts. I don't practice in NY, so I couldn't advise your further. If you want a further consult, feel free to call.
Re: Combative soon to be Ex custodial parent
Is there a specific order in place as to visitation?
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