Legal Question in Family Law in Massachusetts
Modification of Custody - Case Laws
A MA judge has asked for specific case law in MA concerning a father gaining joint custody when the original divorce agreement was signed without it. Is there a place I can find and print such case law?
The original agreement was the only choice offered to the father by the judge, as a restraining order against him was in place at the time. The Order was since vacated, and all charges dropped (proved false). Joint legal custody has now been requested by the father. The judge requested the definition of joint legal custody, and specific case law pertaining to his situation be filed with the court before the hearing date.
Any case law helping him would be greatly appreciated. Please tell me where we may find and print such documents.
And thank you in advance for any help you can give.
1 Answer from Attorneys
Re: Modification of Custody - Case Laws
General Laws c. 208, � 28, as amended through St. 1993, c. 460, enables a Probate Court judge, upon finding that "a material and substantial change in the circumstances of the parties has occurred" to modify an earlier divorce judgment concerning the custody arrangements of minor children, where the modification "is necessary in the best interests of the children." See Hartog v. Hartog, 27 Mass. App. Ct. 124, 128 (1989), and cases cited. "In determining whether there has been a material change in the parties' circumstances, the probate judge must weigh the relevant circumstances, the resolution of the various factors rests within the judge's sound discretion. ... Unless there is no basis in the record for the judge's decision, we defer to the judge's evaluation of the evidence presented at trial." Bush v. Bush, 402 Mass. 406, 411 (1988).
Hope this is a helpful start. Good Luck! Sincerely, Maria Murber
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