Legal Question in Family Law in Massachusetts

mother custodial doesnt have kids

My husbands ex-wife calld us one day last year and said i cant take the kids anymore, you have to take them. so we did we had them for about 9 months when we motioned to stop paying child support to her, that is when she took the kids back. aprox 3 months later she pulled the kids from school and moved them out of state and then two weeks later asked us to take the kids back. so we have now had them about 3 months and she refuses to sign any papers re custody. my husband and her didnt have a great relationship so he had a 209a against him but he does have joint legal custody. what do we do we want the kids but not for her to play yoyo with them, or keep getting the money we should spend on them. every time she gets mad at us for doing something she takes the kids. please help us we love our kids.


Asked on 1/16/03, 9:06 pm

1 Answer from Attorneys
Raymond P. Bilodeau Raymond P. Bilodeau, Esq.

Re: mother custodial doesnt have kids

Your husband needs to hire a lawyer and file a complaint to modify the divorce to give him physical custody. The court may appoint a guardian ad litem (GAL) to investigate. This works best if the kids are old enough to undertand what's going on and can tell what mother does.

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Answered on 1/16/03, 10:46 pm


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