Legal Question in Family Law in Massachusetts
Gaining full legal custody
My fiance wants to get full legal custody of he 7 yo daughter. He currently had full physical. Her mother has a history of drugs, arrests, moves contatly, doesnt hold a regular job and has warrents currently. She comes in and out of her daughters life and it's affecting her now. What does he need to so?
2 Answers from Attorneys
: Gaining full legal custody
The court rarely strips a parent of their legal rights to their children. Your fiance would have to show that it is not in the best interests of the child for her mother to have any legal rights.
If you need assistance, contact me.
Re: Gaining full legal custody
As attorney Lebensbaum has already stated, the Courts are very hesitent to completely strip a person of their status as parent.
The standard is quite high, i.e., that the person is completely "unfit" to parent. If she is interfering or frustrating parenting decisions in an irrational or confrontational way, your fiance can go to court and obtain an order, for example, that the child be allowed to attend a certain school or get required medical treatment.
As a follow-up question, are you looking to adopt the child? Please let me know if I can be of any assistance.
I am located in Quincy.
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