Legal Question in Family Law in Massachusetts

I have shared custody of my 7 year old son, he's with me a few days a week, and lives with his mother and her husband the rest of the week. I've suspected my son is being abused in some manner by her husband, and my suspicions were confirmed when a phone call from my son went to voice mail. My son was being screamed at by this guy, and so he dialed my number for help. When it went to voice mail, there was a FIVE MINUTE rant, this guy threatening my son, making him cry uncontrollably, telling MY son not to tell me anything that is going on in that hostile environment, the filthy language, he did not know he was being recorded to my voive mail, I called the police as soon as I heard the voice mail. I don't want my son living in the same household as this person. He has also shown himself to be a liar, a thief, and his only interest in my son is how much child support the mother recieves. I don't want my son to have anything to do with this guy. Am I within my rights as a parent to pick and choose WHO I want my son to be around? Can I get a restraining order on behalf of my son? Would a judge order this guy to move out of the home he has been living in with my son? Any advice would be greatly appreciated.


Asked on 7/20/14, 4:11 pm

2 Answers from Attorneys
ERNEST BIANDO LAW OFFICE OF ERNEST T. BIANDO, LLC

If your son is in fear of this person then a R/O could be obtained on his behalf-as well you could try for full custody and would have to show that Mom is not fit to parent which could possible be shown by the men she chooses to live with. DCF is another option citing abuse of the child. 774-745-0562

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Answered on 7/21/14, 5:41 am
Bill Farias Law offices of Bill Farias

If your son is in fear of imminent physical harm then a restraining order should be pursued immediately at probate and family court. If you want to address the issue of not wanting this individual present for your son's visitation, then you may also want to file a complaint for modification with the probate and family court. As mentioned above, if you feel there are significant concerns regarding his care when he's with mother, you can notify DCF and they'll investigate.

But to get an accurate assessment and detailed directions, you should invest in a consultation with a family law attorney. It would be helpful to know exactly was has happened in the past to make you concerned for his well-being while in the mother's care.

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Answered on 7/21/14, 4:58 pm


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