Legal Question in Family Law in Massachusetts
I pay 1000 dollars a month child support, I'm a good father who despite a tough job schedule, a military reserve commitment, and an ex who has has no problem filing false criminal charges and false restraining orders ( of which one time she got caught lying to a judge), I stay involved in my sons life. I learned my 7 year old child does not have his own room or his own bed. I was lied to about this by his mother, and my son was coerced to lie to me about this, him being told by his mothers husband he would harm me if he told me. I learned my son has been sleeping in the same bed with his mother AND her husband for 5 years. I called DCF, and they don't see any problem with this sleeping arrangement, and told me it was a "communication problem" between myself and the other parties, and recommended "counseling". DCF refused my request for a copy of their investigation. I also have a voice mail recording of my son being threatened, screamed at, ordered to lie to me (its right there on the voice mail recording), told his father (me) would be harmed if he didn't lie to me, and harassed by his mothers husband. My son was terrified and called me for help, the husband did not know he was being recorded, it's several minutes of brutality, I called the police immediately when I heard the message. The DCF investigator, a college girl with no kids, thought the voice mail recording irrelevant . Should I continue to think maybe DCF will actually do something, or should I tell them to take their counseling and stuff it up their ass, and take these issues to court? You're damn right I'm angry, but keeping my cool and trying to do this the right way.
2 Answers from Attorneys
I strongly suggest you contact an attorney for assistance. The real question is do you want physical custody of your son. If you do, I suggest you contact an attorney and begin a custody proceeding.
At a minimum you need to write to DCF and voice your concern for your son's welfare, send it certified mail. An attorney who deals with the DCF regularly should be of some assistance if you are not able to seek custody of your son,
Good Luck.
You need to provide your records and a detailed breakdown of the history to an attorney in order to get an accurate assessment of your circumstances and devise an effective strategy. These issues are very fact specific and it's going to be very difficult to get a reliable analysis on here.
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