Legal Question in Family Law in Massachusetts

what constitutes parental alienation? my ex currently has our children, there have been numerous orders and none have been followed by the other party. It has been nearly 2 years and the other party continues to keep the children from visiting with me even though it specifically states in the order that they are to visit. it became so bad (1 year in a half of no visits) that the court ordered supervised visitation so that we could gradually get to know each other once again. that went on for a period of 3 months once a week for an hour. the visiting supervisors reported good visits and that there was no concern, however the other party felt it was necessary and claimed i abused my son physically (blatant lie) and therefore the judge allowed it once again. this order was set forth back in february i went to a child center and the other party never went in for the intake with the kids. i have been to several centers. the other party has kept our children from me for the past 2 years minus 1 hour a week for 3 months. pretty sad seeing how i raised them. i am ready to sue masachusetts. my children are with the parent who has beaten both of them, has major issues with drugs including crack , and heroin, has a 42 page rap sheet of drugs violence (including attempted murder) theft, and has served multiple jail sentences for commiting such crimes. i have a criminal record for bouncing checks (larceny by check) how is this happening and what do i need to do? is the judge incompetent here? i miss my kids and they are in harms way with the other parent. He stole 4lbs of heroin from some dealer in worcester and its known he has had a hit on him. i am concerned for my children's safety and well being. PLEASE HELP ME. ~ lost in MASSACHUSETTS

[email protected] is my email address


Asked on 9/17/10, 11:49 am

2 Answers from Attorneys

Suzana Urukalo Kajko, Weisman & Colasanti, LLP

Hello,

It sounds as though you have dealt with all of this in the past unrepresented by an attorney. It is very important to keep record and file with the court the times that the other parent is in violation of a court order, which in your case would be when the other parent did not let you see your children in accordance with the court order. Unfortunately when you wait up to two (2) years to take the other Party to court, many judges may find that there is to be a reunification stage between yourself and the children.

Without knowing the details of your particular case, I do not know what the judge's position is and why no one is concerned with the other parent's criminal record.

I strongly suggest that you consult with an attorney to help you with your situation. If you are interested in a free consultation, please contact me at 978-276-0777 or via email at [email protected].

Thank you,

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Answered on 9/22/10, 12:32 pm

Dear Lost in Massachusetts,

From what you have said it sounds like you are not enforcing your own rights. Contacting an attorney would be a good idea. Feel free to contact my office for a free consultation.

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Answered on 10/06/10, 11:49 am


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