Legal Question in Family Law in Massachusetts

custody

Mother has sole custody of 11 year old child. Father is filing for sole custody. Case has been ongoing for 8 years. Mother can no longer afford an attorney. Over the past few years father has influenced the child to hate his mother and brother who lives with mother. Child has become abusive to them and is now residing with father for safety reasons. Father and child make false accusations of abuse & neglect against mother and brother to win custody. Mother believes that without an attorney to represent her, father will win custody. He has an attorney. There is a restraining order against the father which will be revisited at the custody trial. If the mother does not show up in court for the trial, what are the possible repurcussions?


Asked on 9/19/08, 4:49 pm

3 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: custody

She will lose.

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Answered on 9/19/08, 4:54 pm
Gregory Lee Gregory P. Lee, Attorney at Law

Re: custody

Result: Mother loses custody, most likely regardless of whether she shows up or not. However, if Father is really so seriously attacking mother and brother in the son's emotions, a Guardian ad Litem should have been appointed, and should have come to some conclusions on the matter.

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Answered on 9/19/08, 4:58 pm

Re: custody

You have an automatic loss for the mother and perhaps a contempt for the mother as well. The restraining order will be revoked as well.

If the father was poisoining the child against the mother, the mother should have asked for an investigation by social services and appointment of a guardian ad litem.

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Answered on 9/19/08, 5:02 pm


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