Legal Question in Family Law in Massachusetts
Irresponsible Mother
The mother of my son is doing everything in her power to keep me away from my son. I am allowed to see my son everyother weekend and I am supposed to receive a phonecall every night. I have started a new job and need to adjust the schedule to accomodate the differences and she is uncooperative in allowing such changes. She has moved to NH and sold her house which had increased her income and she doesn't include me when he has doctor visits. She had only used me to be a sperm donor and doesn't want me to have anything to do with my son and is trying everthing to do just that. Her and her attorney are telling the judge that I have an anger problem and that I harrass her and shouldn't be allowed to see him, more so that he doesn't want to see me - which is absolute lies. How can I prove they are lieing and what kind of proof is needed when pleading the case to the judge? The judge listens to her attorney and I can't afford an attorney to speak for me. Any advise would be greatly appreciated! I filed contempt charges against her and will be going to court on May 16 - next month. Can my fiance stand up next to me in court to help explain my case, since I don't have an attorney? Can anyone stand with me?
2 Answers from Attorneys
Re: Irresponsible Mother
Attorney Lee is correct about the jurisdiction issue, unless the court kept jurisdiction as part of the condition of allowing the move.
I would strongly suggest you get an attorney to help you. I find it hard to believe you can't find an attorney who will represent you.
It is almost impossible to prove a negative. But there are attorneys who handle this type of case. I suggest you contact an attorney ASAP.
Re: Irresponsible Mother
First off, if the child is in New Hampshire and has been there at least six months, the case is a New Hampshire case now. While you can file a contempt under the Massachusetts case, you will not be able to make legally effective changes to the judgment.
The allegations over an anger issue will also have to be handled in New Hampshire, as they relate to potential visitation issues there.
If the move is less recent than six months, you should be considering seeking a modification here to require the child to be returned to Massachusetts, possibly in your custody. However, I caution that the Court is ultimately unlikely to issue such a judgment if you and the mother were not married.
Your fiancee may be a witness if there is an evidentiary hearing. Otherwise, you have no right to have her address the court. Only an attorney duly admitted to practice in Massachusetts can speak for you in Court.
Greg Lee
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