Legal Question in Family Law in Massachusetts

supposed to have visitation with my son. when i showed up she would call the police. now i am allowed to see him only for 8 hours and meet at a local gas station. I want him at least overnight but she keeps saying that i can't handle his "alleged" seizures. all medical reports show no signs or causes of seizures. I would really like to have physical custody of him. i believe she only wants him for the ssdi payments she gets because she had him labelled "disabled". She is also on ssdi for a mental disability. the judge keeps telling me to get a lawyer, but i can't afford one - they all want $10,000. up front. I even have a report from my loca school that they can do more for him than his present school. What do i need to say in court to win custody?


Asked on 9/04/09, 3:43 pm

3 Answers from Attorneys

I am not sure what your income position is, if your income is low enough then there are clinical groups that may assist you.

Custody battles are expensive and difficult. You could seek custody and ask for social services to do an evaluation of his present school situation and compare it to your local school and see if you can get custody during the week and your wife have him on weekends.

You can contact the Mass or Boston Bar Associations and see if you qualify for their reduced fee programs.

good luck.

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Answered on 9/09/09, 4:02 pm
Timothy Sullivan Qua, Hall, Harvey & Walsh

your question is one that requires more information to be answered fully and accurately. Specifically, is there an order currently in place which outlines a visitation schedule for you? If this is the case and there is currently an order granting your son's mother physical custody then you would have to file a complaint for modification with the probate court where the order was issued. This requires a showing of some "change in circumstances" since the original order was put in place which would warrant the judge amending the order. The standard judges rely on when determining physical custody is "best interest of the child". If you are at the stage in the process where a hearing is pending I would recommend seeking the advice of a family law attorney.

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Answered on 9/09/09, 4:09 pm
ERNEST BIANDO LAW OFFICE OF ERNEST T. BIANDO, LLC

If the best interest of the child is for you to have physical custody thats waht needs to be argued. You should retain an attorney as the matter can become complexed quickly. Feel free to contact the office at 774-745-0562 for a discussion at no charge.

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Answered on 9/10/09, 10:55 am


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