Legal Question in Family Law in Massachusetts
Served Papers For Custody
About one week ago, my daughter's father asked if he could take our daughter for one month to bond with her as he had been incarcerated for six months prior to this point. I agreed and he then asked me to sign custody over to him, which I refused. Earlier today, I was served papers from the Probate Court saying that until our pending court date he would have physical custody and I would have every other weekend visitations. He is also asking for custody during the court hearing. I do not have a lawyer, I do not know what to do or how to respond as said in the papers I was served. How do I move forward with this and get my daughter back?
2 Answers from Attorneys
Re: Served Papers For Custody
Before a Court would grant temporary custody, any petition must have been accompanied by an affidavit of sworn facts setting forth why the best interests of the child was better served by custody in him rather than you. Assuming you were not served with a copy of that affidavit you need to get a copy from his lawyer or from the court and take it immediately to your own lawyer to prepare to rebut it at the custody hearing.
Re: Served Papers For Custody
You are in a very difficult situation, and were placed there by your ex-boyfriend. In order to set aside the court's temporary decision on custody and visitation, you will need to respond to the order and have a court hearing. There are usally more facts than you can fit into the limited space provided for your question, and the solution will depend upon those individual circumstances.
It is important that you respond to any court proceeding, especially where custody of your daughtre is at stake.
Please feel free to call or e-mail me with any specifics you would like to discuss.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
