Legal Question in Family Law in Massachusetts

motions

I have a child custody battle going on.

Everything is court order until we see a judge in 2 weeks. I am being accused of two situations that never occurred. One is my dog attacked my dog. (pitbull/boxer mix). The truth is a 5 year old push my son. He got 3 scratches and a cut on his eye brow. Second I am being accused of violating a court order that states that my boyfriend was taking care of the child. That never happen. I have my brother and everyone that was a witness. I am representing my self. I cannot afford a lawyer, I want to know why the court won't hear my side of the situation, because I do not have a lawyer. Help!.


Asked on 5/06/08, 5:26 pm

1 Answer from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

Re: motions

The court will hear your side if it is properly presented, with or without a lawyer. The court is busy, though, and will not waste time on disorganized presentations. To protect yourself, you should do your best to file affidavits in opposition to motions -- these are in the record, and are supposed to be reviewed by the judge.

However, the court is naturally suspicious of family member witnesses.

The court also has to protect children, and if there is an allegation that your dog attacked your son, the court is going to take it seriously -- especially any dog whose breed includes a pitbull strain.

You need to make choices here to win -- choices which good mothers make in any event.

1. If there is any risk of harm to your child from a family pet, the family pet goes.

2. If there is any risk of harm to your child from a boyfriend, the boyfriend goes.

You won't like this advice -- none of my clients or those on the other side like such advice. Like it or not, though, it's th easiest way to demonstrate to the court that you are fit, and listening -- by putting your child into the best position possible, and putting yourself in that position.

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Answered on 5/07/08, 9:07 am


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