Legal Question in Family Law in Massachusetts

Re: Wife skipped Mental Help and I feel my kids are going in wrong direction

Dear Sir: If your wife is having serious mental issues and you feel that your children are in physical/mental jeoprady, then you could try filing for full physical custody.

However, 1) when you were divorced did you get shared legal or physical custody or did the court award your wife full legal and physical custody?

2) Keep in mind under case law emotional problems alone are not enough to take a child away from a mother.

3) If she was court ordered or ordered by DSS, to go to these counseling sessions, DSS should have a monitoring program in place to assure she attends; unless, she has voluntarily subjected herself to DSS and they suggest she go but it is not mandatory.

If you really feel that your children are not in a safe environment and you have a stable home and life you may have a chance for full physical custody; however, only if there has been a substantial change in circumstances since your divorce that would warrant the court to turn physical custody over to you.

Basically, there is only so much advice that can be given to you with the facts you present here. You really need to get the experienced advice of an attorney giving full documentation/information to evaluate and advice you if this is the route you should take or even have a chance at full physical custody.

Your divorce decree will tell you if you have shared legal or physical custody, or not; and that would be the first document an attorney would need to view. Along, with the DSS involvement, etc.

My initial 1/2 hr consultation is free if you are interested in contacting me to discuss your options please feel free to call my office or email me at [email protected].

Sincerely, Maria Murber

Re: Wife skipped Mental Help and I feel my kids are going in wrong direction

Please see below the Massachusetts General Laws Statute as to warranting a change of custody. This could not fit in the previous email but I thought it was important for you to read the standard prior to going forward.

Sincerely, Maria Murber

CHAPTER 215. PROBATE COURTS

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COURTS AND THEIR JURISDICTION

Chapter 215: Section 6C Modification of judgment as to care and custody of minor children; temporary orders

Section 6C. Upon a complaint, after a judgment pursuant to this chapter relative to the care and custody of minor children, filed by either parent or by a next friend on behalf of the children, after notice to both parents, the court may make a judgment modifying its earlier judgment as to the care and custody of said minor children provided that the court finds that a material and substantial change in the circumstances of the parties has occurred and that a modification is necessary in the best interests of the children.

During the pendency of such an action, upon motion of either party or of a next friend on behalf of the minor children of the parties and notice to the other party or parties, the court may make temporary orders relative to the care and custody of such children. Every order entered shall include specific findings of fact made by the court which clearly demonstrate the injury, harm or damage that might reasonably be expected to occur if relief pending a judgment of modification is not granted. An order entered pursuant to this section may only be entered without advance notice if the court finds that an emergency exists, the nature of which requires the court to act before the opposing party or parties can be heard in opposition. In all such cases, such order shall be for a period not to exceed five days and written notice of the issuance of any such order and the reasons therefor shall be given to the opposing party or parties together with notice of the date, time and place that a hearing on the continuation of such order will be held.