Legal Question in Family Law in Massachusetts

What can be done when non-custodial parent is suddenly caring for child?

Father of 3 year old girl was recently brought to court to determine custody/visitation/support. Mother (who is a stripper/dancer) was given sole custody, permission to move out of state, garnishment of fathers wages, etc. Father was given "Reasonable visitation rights", at the discretion of mother. One week later, mother calls father and says "Can you take her until September so I can move and get settled, etc.?" Father agrees but wants it in writing and wants wage garnishment removed (check goes to mother). Mother will not put it in writing. Also, has blown off daughter at every chance she can (including her 3rd birthday). He currently pays child support for this child, and two others from a previous marraige, so can't afford a full legal pursuit (as much as he'd like full custody now). What is his recourse, if any?


Asked on 5/23/00, 5:03 pm

1 Answer from Attorneys

Michael Baldassarre Law Office of Michael J. Baldassarre

Re: What can be done when non-custodial parent is suddenly caring for child?

I need to know more facts to answer the question.

If the child is still living with father then he could file a modification and

seek custody.

If the child is not living with father, then father may not want to pursue this avenue if his income has

increased since the order.

If you would like to discuss this matter further feel free to call 978 465-5158 I offer a free initial consultation

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Answered on 7/06/00, 3:15 pm


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