Legal Question in Family Law in Massachusetts

custody of out of state daughter

my ex girlfriend moved out of state with my daughter before she was born.

She left b/c I occasionally used drugs or drank. It's not a part of my daily life but she thought it was a huge deal. She was hystericall a lot of the time while pregnant - crying, punching things, and screaming at me for using/drinking. She also called me names on occasion (verbal abuse?). I have no documented drug use but I recently got a DUI (going to court on that soon).

#1What are the chances of me getting custody? it seems like fathers only get occasional visitation especially when a father lives 1500 miles from their kid

#2 Can she use my issues against me even though they are not documented?

#3 If she was crazy during her pregnancy can I use that against her to gain custody of my daughter? do I need documetation? what type?


Asked on 7/18/07, 7:46 pm

2 Answers from Attorneys

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

: custody of out of state daughter

This is not a rare problem.

However, you are going to have to fight this in the state where the child resides. I suggest that you repost this for this state.

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Answered on 7/18/07, 10:20 pm
Gregory Lee Gregory P. Lee, Attorney at Law

Re: custody of out of state daughter

This is apparently a Florida problem. It includes the problem that you have admitted in public that you have used illegal drugs. While the odds are against this being traced back to you, it could occur.

Frankly, were Massachusetts standards to be applied, you might well have supervised visitation at best. You certainly cannot expect Florida courts to order visitation in Massachusetts if you have a DUI charge on the record. Why do you expect a custody award? Why would the court risk the child with you?

You need to assess yourself honestly before you go litigating in Florida, or anywhere else.

I represent men and women equally, so please do not misunderstand the root of my personal advice to you. I have given like advice to men and women alike: clean up your act, pay child support and/or take p[roper care of the children, stop drinking, stop using illicit drugs, and commit no other intentional crimes. A DUI charge is solid evidence of a drinking problem, even if you manage to avoid a conviction. FACE THAT NOW.

When you have cleaned up, THEN start saying that your ex-girlfriend is crazy and ask for custody. Until then, your credibility is at best suspect.

If the mother actually has a -documentable- mental disorder that threatens the child's welfare, have it reported by someone credible who has his or her own PERSONAL observations of the problem -- not your hearsay. In other words, have it reported by someone who is substance-free, with no axe to grind. Grandparents, doctors, and others will be considered more reliable than you by the child protective officials in Florida.

I make no apologies for blunt advice.

I wish you the best of luck.

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Answered on 7/18/07, 11:10 pm


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