Legal Question in Family Law in Massachusetts
Not teaching my son
My ex has custody of my son (agreement made outside of court). We made what I thought was a good agreement at the time, I have a busy life with my job, my fiance, my reserve obligation, but I still take my little boy on weekends. My son is now three, he cannot talk, his mother does not read to him, she does not teach him, she talks to him like he is 15, not 3, and I constantly hear from her how I need to take him more so she can ''live her life''. The only words he knows are the one I have taught him, when I pick him up he is thrilled to be getting out of her apartment, and he is heartbroken when I bring him back. I suspect he spends a lot of time doing nothing. I've heard Massachusetts is a tough state for a man to get custody, I want to get along with my son's mother, but I cannot turn a blind eye for what would be best for my son. He is my number one priority in life. Do I have a chance at custody based on what I have written here? Please advise.
4 Answers from Attorneys
Re: Not teaching my son
If your ex-wife is willing to simply let you take your son to live with you and she can visit, then I see no reason why the courts will not approve it.
If you already have joint legal custody, and you feel that your ex-wife would be adverse to going to court to make it official that you have physical custody, then I would simply do this outside of court. If she agrees to it, then just have your son live with you. As long as you have joint legal custody, you have to the legal authority to enroll your son in school and make decisions for him.
If however you do not have legal custody at all, then you do need to go to court to give you that authority.
It seems like you are a good father and if the court sees that, they are open to giving custody to fathers. It is not unheard of.
Re: Not teaching my son
I would suggest that you ask your ex for physical custody and she can visit or take your son on regular visits- assuming you can handle that.
If she agrees, you can amend your separation agreement and the court will approve it.
If your ex does not want to appear or go to court, you can still amend the agreement outside of court.
If your ex does not agree to a change of physical custody, you will have to go to court for custody and you will have to show that there is a problem with her keeping custody. If you think you are going to have to go to court, I suggest you contact an attorney and have him assist you with planning your custody battle properly.
If your ex is concerned about money being lost, I assume you pay child support, that should be secondary to your helping your son.
Good Luck. If I can be of assistance please call me.
Re: Not teaching my son
Yes. Retain an attorney to amend your agreement regarding custody and if you cannot get agreement to take the matter back to court on a modification.
Good Luck!
: Not teaching my son
As an initial step you should discover if your son has any condition that impedes or impacts his development.
This is something that should be done quickly; most schools will evaluate pre-schoolers.
If your ex refuses, then this may give you good grounds to seek a modification and intervention. A failure to provide certain basic needs is also some evidence of neglect.
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.
