Legal Question in Family Law in Massachusetts
How do I get DSS to really listen to the victim?
I have reported to DSS here in Massachusetts that my eight year old son came forward and told his aunt that his mother was sexually abusing him. In researching this I found out that my ex wife had sexually abused another boy when she was in her teens baby sitting him. He recently came forward and made a sworn written statement claiming the same. I am having a hard time getting the courts to listen to my sons therapist who filed a 51A on my sons behalf reporting that my son should not be left in my ex's care. But the judge didn't listen. And the attorney I had didn't help at the time. I need to know how to go about getting prepared for a confrontation in court to hold my ex accountable. What should I gather? What else would be helpful? How can I get the judge to reverse custody and save my son from the environment he is in?
2 Answers from Attorneys
Re: How do I get DSS to really listen to the victim?
This is a very complex and private matter, and if you wish to discuss this, you really need to make an appointment and see me or another attorney.
Re: How do I get DSS to really listen to the victim?
The problem having the courts take notice is very surprising to me. You need go gather all the reports of sexual abuse against her and anything else you can think of that shows it. Presumably, DSS found that there was sexual abuse.
Pursuant to Massachusetts General Laws, c.233, sec. 20B, you can ask the judge to waive the child's therapist/patient privilege, so that the therapist can give information to the court concerning the child's condition and statements. This must be done at a separate hearing in chambers.
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