Legal Question in Family Law in Massachusetts
Massachusetts Legal RIghts of 16 yr. old
Over two years ago, my (now) ex-husband illegally took my children my two children. My son is 16 years old and wants to live with me. He is willing to go before a judge to make his wishes known. His father is extremely abusive, but my son is willing to make his case if 16 year olds do have the right to choose which parent they want to live with.
Please help me to help my son. He is the one of the most kind, funny and intelligent people I have ever met.
Thank you.
2 Answers from Attorneys
Re: Massachusetts Legal RIghts of 16 yr. old
Time factor of two years is very material in your case therefore in the event of knocking the door of the court you have to explain the reasons for not taking the legal actions for the cusdoty of the child earlier.
However you may file the case for the cusdoty of the child by showing to the court the rude and abusive act of your ex-husband. Court may interview the child while giving the cusdoty as the main consideration for the court will be the welfare of the child
Re: Massachusetts Legal RIghts of 16 yr. old
It is not clear how your husband "illegally" took your children. If a court granted him custody, it certainly had the legal authority to do so, and some basis in fact.
Judges may interview children at 14, but rarely do. Usually, the court has a probation officer or Guardian ad Litem perform the interview, as well as other investigations. The Court is guided by the "best interest of the child" standard. Usually, if a court grants a father custody after a battle, the mother has shown some very substantial deficits. You should only proceed with good legal advice, and realistic expectations.
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