Legal Question in Family Law in Massachusetts
Joint shared physical custody
I have joint shared physical/legal custody of my daughter and have her 60% of the time. My ex-wife remarried and wants to change the custody to 50/50. Last year she went to a psychologist to see if she would have backing to obtain 50/50 custody. After talking to my daughter the psychologist, who would not tell either of us the results of the conversation because he would be my daughter's representative in court, said that he would not support a modification at this time. Prior to the new marriage she was investigated and substantiated by DSS to be physically abusive and neglectful. She was sent to parenting classes. Her current marriage is not stable and I believe that she wants to be able to obtain state aid but can't obtain it because she doesn't have her 50/50. Although I can't prove it. She does obtain some aid by saying she is separated. We've been divorced for 3 years and for the first 1 1/2 I had to convince my daughter to go with her mother. This was witnessed by many people. My daughter has adjusted to the visitation but still doesn't want to go. We will be seeing a mediator and I don't plan on agreeing. If she pushed it in court does there have to be a better reason than my ex wanting the change?
2 Answers from Attorneys
Re: Joint shared physical custody
If anything, it sounds like the evidence would favor reducing the child's time with the mother.
The child's psychologist cannot testify unless the court determines that the child would release her privilege.
I would hold firmly to your belief that the current custody, at least, is in the best interest of the child. If your ex-wife seeks a modification, you should counterclaim to drop the shared physical custody.
I am available for a further consultation.
Greg Lee
www.gregleelaw.com
Re: Joint shared physical custody
The court will listen to both the pyschologist and your daughter. The change will be based on the interest of the child. If the psychologist is not inclined to have the situation changed, the court is not likely to grant the change.
This types of hearings are always termed in the best interest of the child not what either parent wants.
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