Legal Question in Family Law in Massachusetts

Custody

My fiancee has sole legal and physical custody of his 7 year old daughter. The childs mother (they were never married) has visitation every other weekend for 2 hrs and phone priviledges every wednesday from 7:30 to 8:00. She is a repeat drug offender and has been in and out of jail numerous times and her absence has damaged this child severely. Whenever she recieves letters or talks to her mother on the phone she has days afterwards when she is out of control and yells, hits and is violent towards others. She is currently in therapy, but we are wondering if going to court to discontinue visitation with her mother is an option. The child is happy and non violent when she does not have contact with her mother. I know that is cruel to not allow her mother to see her, but this is a women who ignored her child in favor of drugs numerous times, who had drug dealers and prostitutes in her home while the child was living with her who sent her older child ( a son) out to beg / steal to support her drug habit. What legal rights do we have to protect an already damaged child from being hurt further?


Asked on 2/15/06, 9:49 am

1 Answer from Attorneys
Maria Murber Law Offices of Maria Murber, PC

Re: Custody

In order to change a final custody/visitation Order, a complaint for modification will have to be filed.

Your fiancee will have to show the court, that there has been a substantial change of circumstances, since the final order to warrant a modification.

You will have to show to the court clear evidence of the change in conduct or circumstances. Typically, you cannot revert back to the past, because obviously the court found at that time, that the mother was capable of visitation with her daughter (although the visitation seems very limited)(as to the past, there are certain circumstances when the court may consider some issues that were presented).

Basically you will need clear evidence that the visitation/communication is so damaging/dangerous to the child, that it is not in her best interest to continue any contact with her mother and warrants a change in the order.

Your fiancee should consider consulting a family law attorney with all the facts/evidence and discuss his options regarding same. Good luck. Sincerely, Maria Murber

Read more
Answered on 2/15/06, 4:11 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Massachusetts