Legal Question in Family Law in Massachusetts
My ex and I have shared custody. My 4 year old son lives with her and her ancient boyfriend 5 days a week, and with me the other 2.
They moved from a 2 bedroom apartment to what I thought was a larger two bedroom apartment about a year and a half ago. My ex told me at that time that my son would still have his own room, and it would be nicer, although she has lied in the past, I did not think to question her about my son having his own room. Last week when I went to pick up my son, his mother asked me to come into the apartment to help my son put his shoes on,first time I've ever set foot in that apt, and I was STUNNED when I looked around the corner expecting to see my son's bedroom door, and it was nothing but a wall. I went online and checked the apartment layout, it is a ONE bedroom. I asked my son where he slept, and he told me they are ALL sleeping in the same bed, and further told me that when his mother leaves for work in the morning he is alone in bed with this guy. Is this legal? Although I have kept my mouth shut, I am furious. Mother has made decisions in the past that have not been in my son's best interest, infuriated a judge at one time. This is NOT what I want for my son. Would this be an issue in which custody could be re-evaluated??
1 Answer from Attorneys
In order to modify a current child custody order, the moving Party must show that there has been a substantial change in circumstances since the last court order/judgment that would warrant a change in custody and would ultimately be in the best interests of the child.
The situation you described is most certainly a situation that needs to be dealt with immeditately and with the help of counsel. The longer you wait to report this incident or file a complaint with the court, the less legitimate your claim is - the thought being that if you thought your child was in a dangerous situation you would have acted immediately rather than continue to allow him to stay in the situation.
It sounds as though there is a cause for concern and that there is a substantial change in circumstances to warrant a change in custody. I would strongly recommend that you consult with an attorney immeditately.
If you are interested in a free consultation you can contact me at 617-523-3200 or email me at [email protected].
Thank you,
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