Legal Question in Family Law in Massachusetts
My ex and I have shared custody of our one child. My ex is scheduled for surgery that will require hospitalization for three days. Day one of the hospitalization is "my" day, so no problem there. But day two and three of her hospitalization are "her" days.
My feeling is that if my ex is incapable of caring for our child, then it automatically becomes my responsibility.
My ex claims the she has the right to designate her husband to care for our child while she is hospitalized on "her" days.
(In our court order this issue is not addressed. And our child (under 10) has told both mother and father he wants to stay with father while mother is in hospital..)
I can't imagine this issue has never come up in court before. So who is right???
2 Answers from Attorneys
It is one of those situations where you are both correct.
I do believe that when one parent is incapacitated or unable to care, the other parent should step in.
You can file an action in court and seek its involvement.
You are correct . But unless your attorney can resolve the issue with her attorney, it may not be practical to take the matter back to Court , unless there are other issues that need clarification as well, to make court involvement cost effective. Good Luck!
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