Legal Question in Family Law in Massachusetts
temp custody
if parent who has physical custody goes to jail how does other parent go about getting the child if the parents have joint legal custody
Asked on 7/16/07, 1:26 pm
3 Answers from Attorneys
henry lebensbaum
Law Offices of Henry Lebensbaum (978-749-3606)
: temp custody
You run to the probate court, and file a complaint for modification, with an ex parte request for a change of custody.
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Answered on 7/16/07, 2:15 pm
Gregory Lee
Gregory P. Lee, Attorney at Law
Re: temp custody
To add to the preceding answer:
You drive to where the child is and drive home with him or her first. The parent with shared legal custody has a clear "default right" to custody absent an intervening court order (e.g., temporary guardianship), subject to confirmation by the court.
Answered on 7/16/07, 4:09 pm
Re: temp custody
You quickly file a Complaint for Modification and seek an Ex-Parte Order for Custody.
Answered on 7/17/07, 9:22 am
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