Legal Question in Family Law in Massachusetts

Re: custody

Not without further court orders.

Re: custody

If she has a legal basis, she can. What you do not say is whether your son is here under a legal guardianship, a written agreement or something more informal.

Re: custody

She has very clear ground to seek guardianship in Massachusetts, as it appears to me that you abdicated your duty as physically custodial parent some 6.5 years ago. This raises at least a question of your ability to care for this child at this time.

A fit parent has the first right to care for his or her children, as a whole, and your mother may well lose to this Constitutional principal. However, this will be a protracted and ugly litigation, and will put your son in the middle -- should his grandmother, with whom he has been safe, continue to care for him, or should he go with his father? No, he won't make the decision, but a GAL will interview him. He will know what the fight is about.

These are the most difficult cases in the world. Your Constitutional right will be given strong consideration in most Probate sessions in Massachusttes, but it won't be the most fun process for -anyone-. You need to be sure that you're right, and that there is no option other than the litigated process before you get into this. It will be financially and emotionally costly for all involved.