Legal Question in Family Law in Massachusetts

Re: Gaining full Physical and Legal custody

I would advise leaving it be. Shared legal custody means only that you have to consult on things that REALLY matter, AND are "optional." Life-saving medical care is NOT optional, for example.

Shared legal custody is a wonderful theory. However, kids go to school where they live, see doctors their primary parents select based on health plan and proximity, and so on. If you open a modification complaint, you may re-open the whole fight, whereas you would do better to wait until you have a REAL disagreement on school, religion, or primary physician -- the Court will happily tell her off then.

In essence, you should realize what most custodial parents learn over time: shared legal custody does not affect much in how they parent.

As a practical matter, thus, I suggest you leave this fight until it must be fought.

Re: Gaining full Physical and Legal custody

Terminating the parental rights of another is not done easily.

The court will ask the question whether the person is unfit to be a parent - and it is a pretty high standard. You need to have more than a drug problem, more than an arrest history, and more than an inability (or unwillingness) to pay child support.

If you feel that your ex is harming the child in some way or interfering with your duties as a parent, you should seek an order from the court.