Legal Question in Family Law in Massachusetts
Temporary chicld custody
i was awarded custody of my child through default (mom did not show after being summoned) she is now threatning to go back to the court house and say that i and my family abuse drugs! will she be awarded the child back or will she have to apply through the same legal channels that i have? will she just have to wait for the case manager to review at a later date? am i protected under the law? i am the father of a chile born out of wedlock
3 Answers from Attorneys
Re: Temporary chicld custody
The Court would be unlikely to change custody on the mere word of somone who did not go to court. However, you should be prepared to prove that you are free of substance-abuse issues. The court will likely ask for testing of urine, possibly hair. Hair tests can locate signs of drug ingestion for about 90 days in the past.
A mother who fails to show to court usually has issues of her own. If you are tested, she also should be tested.
: Temporary chicld custody
I agree with Greg.
You have not described the time lapse between the order and the present. You raise other very sensitive questions, some of which cannot be addressed here or by email.
If you need assistance, contact me.
Re: Temporary chicld custody
Mr. Lee's advice is correct. The court is likely to have a case worker investigate the home and to see not only that you do not abuse drugs but no one in the home does.
Good Luck.
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