Legal Question in Family Law in Massachusetts

Joint Child Custody

Hello,

I have joint custody with my ex husband, our boys live with him. My oldest turned 18 in March (and is a junior in HS still) and has had problems with his dad, in April his dad kicked him out, the only way back into his dads house is if he signs and agrees to a contract on rules with his dad. Now his dad just added a rule stating he can't move out of the house until after he graduates HS, it was put in w/o my sons knowledge and now the contract has been notorized and signed by his dad and him.

Is this really leagally valid, can his father really stop him from moving out if he wants? Our custody states that we have joint-decision making and share major decisions about the boys, is this still valid if he didn't consult me first or get my agreement as well? My son is wanting to move in with a relative and finish out his senior year with them, his father is being extremely controlling and demanding and so it is making it a very tense and difficult living situation, they are not getting along well.

I am not sure if someone can give me any advice to help him.

Thank you for any advice,

Cara


Asked on 5/09/08, 9:54 am

1 Answer from Attorneys
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Joint Child Custody

I am not clear about why your son is not considering you the alternate choice.

If your son is 18, neither you nor your husband has custody any more. Your son is an adult, entitled to do as HE pleases. He cannot be required to live anywhere.

If your son chooses to live with his father, his father can impose REASONABLE rules, but "no moving out again" cannot be enforced. If he chooses to live with a relative, both you AND your husband can be required to assist with some cash support while he remains in school.

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Answered on 5/10/08, 9:51 am


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