Legal Question in Family Law in Massachusetts
Joint custody
In our court agreement, it says that I will bring my daughter to hetr father's house or an agreed upon place. He is legally blind but I feel if he fought me for custody, then it is not my handicapp and he should be made to meet me half way. If he is just as competent as me, why am I having to take responsibility for part of parenting. He threat4ens to bring me in for contempt if I won't bring her and doesn't help with gas even though the total mileage is over 50 miles.
3 Answers from Attorneys
Re: Joint custody
You will be in contempt if you do not follow the court order. Maybe you can ask him to contribute to the fuel expense.
You could also file a complaint/motion to modify asking the court that he contribute. However, if he is legally blind and his finances are limited, you won't have much luck! Sincerely, Maria Murber
Re: Joint custody
The agreement controls. Unless a judge changes the terms of the agreement, you must obey the terms.
Re: Joint custody
Your question begs a stern response. Your situation is unusual in that the man apparently cannot drive. This was certainly considered when you came to the agreement. The court would order you to do the driving under these circumstances. He is right to warn you that a contempt will be filed -- and, frankly, a judge would almost certainly find you in contempt, and quite possibly make you pay the father'[s attorneys' fees.
If there is any fauilt here, it is in the lack of negotiation over gas costs. THose, however, are negligible whjen you consider the richness this man brings to your daughter's life.
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