Legal Question in Family Law in Massachusetts
I am father of 5 year old boy. I have shared custody with mother, he resides with her 5 days a week, me the other 2. I pay very high support. I suggested that for the summer my son go to a great day camp where he would be with other kids learning and having fun. Mother said she could not afford it. I offered to pay for it. Mother told me it was too inconvenient to drive him there. Her alternate plan is to have my son stay in her apt with her boyfriend while he is sleeping (she not even there much of the time). My son now despondent when he has to return to her apt, and I have noticed he is hurting himself, I had him seen by doctor who told me my son is doing this because he is bored from inactivity. Is this enough to bring to court to give me full custody, and do I have the right to know where the support money I'm providing is going if it is not going to what is best for my son?
2 Answers from Attorneys
Hello,
In order to modify a current custody order, you must show that there has been a change in circumstances that would warrant a change in custody and that it is in the best interests of the child to do so. There are many factors that would need to be examined and certainly if the mother is not present for much of the time the child is in her custody is one of them. If the Mother does not agree to a new custody arrangement than you would have to be prepared for to see the issue throught trial.
As far as the day camp issue goes, I assume from your description that you have a joint legal custody arrangement. If your current court order establishing joint legal custody is silent with regards to circumstances in which the two of you do not agree, then you can seek the court's assistance in any disagreement that you may have with regards to issues dealing with your child's extra-curricular activities.
With regards to modifying your current physical custody arrangement I strongly suggest that you do not move forward until you consult with an attorney. If you are interested in a free consultation please contact me at 617-523-3200 or via email at [email protected].
Thank you,
Sounds like you have grounds to modify the custody agreement-as to the notice of where the child support money goes-it is unlikely that you can have the court order her to account for it. My firm has handeld numerous child custody cases-774-745-0562.
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