Legal Question in Family Law in Massachusetts

In June of this year a friend of mine signed a temporary custody paper for her two daughter, giving me and my finacee custody for one year. At first the two girl were spending half the week with there mother and the other half here, then it went down to one day with Hera week. Once school started she would only take them for a few hours a week. As of the last three weeks she does not come see them at all, and only calls them once a week to talk to them for a maxium of five minutes total for both girls. She is recieving child support from the girls father, and food stamps from the state. When she signed the papers for temporary custody she agree to pay us what she was getting in child support which is $100 a week. When she got approved for food stamps she agreed to give us $100 a month to help with the food bill. We have received minimal payments in the begining that didn't add up to the amount agreed upon. Once school started in september all financial needs (school supplies, and personal needs) have been taking care of by me and my fianc�e, because she gives us no money. Also she doesn't have a permanent home, or a cell phone that has minutes to get a hold of her. The girls have expressed a want to not have to go back with there mother, and we are wondering what are next step can be to keep the girls safe and get some of the money owed to us?


Asked on 10/29/09, 9:45 am

2 Answers from Attorneys

Laurie Martucci Wagner Law Associates LLC

You can file a petition with the court for guardianship of the children. Once guardianship is established, the father's child support can be redirected to you. You can also get a child support order against the mother for at least the minimum amount ($80.00 per month).

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Answered on 11/03/09, 10:18 am

You can file a petition for guardianship, but you should retain an attorney to represent you. You can also get support from both the father and the mother. However, the father can seek custody under these circumstances.

Good Luck

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Answered on 11/03/09, 10:38 am


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