Legal Question in Family Law in Massachusetts
Custody Rights, Court Orders, Delay in Court system
I am a father with physical (joint legal) custody of my 10 year old daughter (due to her mother abandoning her 5 years ago). Now the mother wants her back, but lives in squalor and the circumstances are not appropriate for my child (nor any child). My child does not want to go there, yet is forced to by the courts. We have been bound by a court visitation order and have been faithfully following the orders.
My question: It clearly states in the order that the visitations be with the mother and that the mother must pick the child up for her visits. The mother is out of state for 2 weeks. If I go to drop my daughter off and her mother is not there and a babysitter is, do I have the right to take her back with me because of this order? Or can I be in contempt, even though it is documented in writing this way?
1 Answer from Attorneys
Re: Custody Rights, Court Orders, Delay in Court system
You need to follow the Court's order. Read it carefully. If you do not understand it, have an attorney read over it and give you advice. Do not rely on any advice you get on the web, as I and others have not seen your agreement -- how can any attorney give you legal advice on a document we have not seen??
With a custody fight in progress, you do not want to be held in contempt. What if the mom changes her mind, stays in town, and has a Sheriff waiting at her house when you do not "show up" to deliver her child for visitation?? Don't laugh, I have seen that happen. The father tries to explain that he thought the mom was out of town, yada yada yada, and is found in contempt.... You do not want to risk that possibility.
Contact a family lawyer in your area, if you do not already have an attorney to represent you. If you do have an attorney, follow their advice....
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
