Legal Question in Family Law in Massachusetts

Considering custody modification in Massachusetts, Bristol county. Separated from my ex husband in Feb 2008. We had a 4 y/o daughter that lived with me afterward. After 10 months apart in Dec 2008, and no financial support for her, we tried to reconcile. This didn't work and I decided to leave in Jan 2009 but let my child stay with him. He doesn't work and lives off disability insurance. I couldn't afford preschool without his help and at the time it seemed best to let her stay until she went into public school. When Sept came around he enrolled her in public school in the town he lives in without my knowledge and would not let me take her. We divorced in July 2011 and until that time I had her with me every weekend and provided her clothing and necessities. As part of the separation agreement I reluctantly agreed to his having physical custody and keeping everything as it was since I thought it would be awarded to him anyway. We live 25 miles apart and I didn't think joint custody was an option. The whole time she has been with her father I have tried talking to him to get him to agree to her coming back with me and he won't budge. My daughter has consistently expressed her desire to live with me but he keeps her in line with fear and intimidation. I have a phone schedule with her that he regularly disrupts without explaination. He will now only communicates through texts so he can choose when to respond or not. I plan on re marrying and will be able to be a stay at home mom. My fiance has the income to support us all without issue. What are my legal options in this situation?

Asked on 7/20/13, 11:46 am

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

0 users found helpful

0 attorneys agreed

this is more complex than can be answered here. invest in an attorney

Answered on 7/28/13, 8:57 am

Keywords

Match Any Match All

Country

State

Area of Law