Legal Question in Family Law in Massachusetts

temporary custody

I just received temporary custody of my two boys. The mother was in a rehabilitation hospital for depression and alcohol. She got out and is now fighting to get custody back. DSS is involved with this matter also. Is there anything I should do before going back to court? She has admitted to being an alcoholic and severe depression , but am worried because she is the mother and courts tend to favor them.Please help!


Asked on 8/24/05, 10:51 pm

1 Answer from Attorneys

Raymond P. Bilodeau Law Office of Raymond P. Bilodeau

Re: temporary custody

If you are seriously concerned, why don't you have a lawyer? This is not something you can deal with over the net.

You don't tell the ages of the children, nor what court (juvenile? probate?). You don't say anything about yourself, other than implying that these are your children. Were you married to the mother? Apparently not. That lessens your chances almost automatically. If you were not concerned enough about the children to marry the mother, did you also have to be dragged into court to support them? Were you paying support?

More to the point, were you involved enough with the children to know how they were doing in school? counseling? Are you involved enough now to know how they are doing in school? Are they in counseling? Are you with them, or getting counselling on your own?

Depending on your answers to these questions and others, the best you can hope for is that mother will be allowed visits to get herself together, while being "on probation" for drugs and alcohol. If she shows up for a visit drunk or under the influence of drugs, refuse the visit and call DSS immediately to have the mother tested.

These visits will tear the kids apart, so be prepared. GET COUNSELING. Get someone you can trust and be open with. Same for the kids. It may take more than one try. Be aware that the counsellor may be required to report to DSS or the court or both, especially if you cannot pay for it.

If you can afford a lawyer, call me: 508-755-1538. I have 34 years' experience in juvenile and probate courts, as well as other courts. I practiced in Springfield for several years. Or call some other lawyer, but make sure s/he has experience in both juvenile and probate court. If you can't afford one, ask the court the case is in to appoint one. Talk to the children's lawyer(s).

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Answered on 8/25/05, 9:05 am


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