Legal Question in Family Law in Massachusetts

What are the rights of my future husband? His ex-wife has physical custody of their daughter & has been in & out of sobrioty for many years. This past year she had received custody back from her sister while she was in rehab & now is drinking again for some time along with her boyfriend in their home were the child is living. My future husband has always had visitation rights & she stays with us a couple of times a week.

Yesterday the mother told their 13 year old daughter to get out of the house & is now staying with her step brother. My future husband has been in contact with her & the step brother but is concerned if he has her stay with us. The mother may bring kidnappong charges against him. Please Help!!!!!


Asked on 7/12/10, 2:04 pm

2 Answers from Attorneys
Suzana Urukalo Kajko, Weisman & Colasanti, LLP

Hello,

Your future husband should immmediately consult with an attorney. I would suggest that he file a complaint for modification along with an emergency motion for custody of the his daugher. The longer he waits, the more it appears that he is not concerned for the safety of his daughter. If the step brother does not have legal guardianship over the daughter she should not be staying there.

If your future husband is interested in a free consultation please contact me at 617-921-6202 or via email at [email protected].

Thank you,

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Answered on 7/12/10, 5:15 pm

Your future husband should consult with an attorney and seek physical custody of the child. He should file a Motion for modification on an emergency basis. The daughter should not be staying with anyone who is not entitled to physical custody of her.

Please feel free to contact me if you have additional questions.

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Answered on 7/12/10, 6:29 pm


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