Legal Question in Family Law in Massachusetts

Father has physical custody wants legal custody
My daughter left her children in the care of the biological father 2 months ago when she was evicted from her apartment. They have never married. She claims to plan to leave them with him until she can get her life back in order.

He would like to file for legal custody since he now has physical custody.

In addition, my daughter is threatening the father, that if he continues to allow me to visit with the children she will put the children in foster care where no-one will see them.

Her recent behavior and decisions are totally out of character. Both the father's and my concern is the well being of the children. He would like me to take temporary physical custody, as I have more space and live in a safer enviorment, and he would have legal custody. Our intent is that the children would stay with me until he got a larger apartment and moved to a safer enviorment.

Where do we begin?

Asked on 3/29/02, 5:25 pm

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

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Re: Father has physical custody wants legal custody

1. GET A LAWYER;

2. FILE PATERNITY COMPLAINT;

3. SEE AN IMMEDIATE LEGAL CUSTODY OF CHILDREN FOR FATHER;

4. IF MOTHER POSES A THREAT OR IS ENGAGING IN THREATENING BEHAVIOR SEEK A RESTRAINING ORDER; AND

5. GET A LAWYER.

Answered on 3/29/02, 5:48 pm

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