Legal Question in Family Law in Massachusetts

Re: Mother not taking care of my son

Mr. Cheong's words are high-minded. However, you are by no means obligated to accept this moral advice.

Legally speaking, if you are the better parent of your child, and thus it is in your best interest that he live with you than your ex, you should go to bat and litigate. You have a right of Constitutional dimension -- the right to care for your own child, so long as you are a fit parent.

I would never be one to guarantee a "win" in any case. There are always facts to be learned, and this case is no exception. Many times, a "more fit" father loses in the first round, and even the second -- but could win later, as circumstances prove the reality.

You have three options: leave things as they are; make an alliance with step-dad, both for now and for when he ends up divorcing your ex, or litigate now. Litigating now will at LEAST demonstrate your real interest in raising your child.

Re: Mother not taking care of my son

Sometimes as attorneys, we are obligated to be more than messengers of laws but also counselors.

It seems to me as if you think that if the new husband dotes on your son and cares for him while he's with his mother, that makes you less of a father. That could not be further from the truth. You are your son's father and as long as you are a good father, no one will ever replace you.

Instead of thinking that some other man is being fatherly to your son, think how great it is that your son is being loved by so many people, not just his parents. If your son is happy, you should be happy also. As parents, our greatest obligation is to keep our children safe and happy. Always keep that in mind.