Legal Question in Family Law in Massachusetts

Re: Custody

You would have to go to court and file a motion for modification. The court would most likely appoint a guardian ad litem (at both of your expenses) to the case to assess the best interests of the minor child. The issue would most likely have to be litigated if either side did not agree with guardian's report (if one is appointed) or if both sides could not agree. I can be reached at 508-587-9111 if you would like to discuss the matter further. Martha Kovner

Re: Custody

The Commonwealth MUST pay for the guardian ad litem according to chapter 215, section 56A, of the Massachusetts General Laws. That section states that the Commonwealth shall bear the cost of the fees of the guardians ad litem appointed under that section.

Attorneys who practice all the time are so accustomed to the judges breaking the law, they accept an order for the parties to a custody dispute to pay the GAL as being lawful.

Such an order is NOT NOT NOT lawful.

The attorneys simply do NOT NOT NOT take the time to read the statute. Often they do not know that there is such a statute.

A shame.

Your child is 14-1/2. Have him write an affidavit in his own handwriting. You can attach it to a motion for modification of custody.

There are other ways also. Depends upon how far your "new" town is from the "old" town.