Massachusetts  |  Family Law

Legal Question

Asked on: 7/05/13, 8:30 pm

A young un-married father and mother both have shared custody of a young child. The child resides with the mother in another. The courts of the state with jurisdiction have order that the father have visitation per an agreed schedule. The mother consistently concocts baseless excuses and has twice been found in contempt for denying visitation by making herself and the child unavailable. The father has honored all legal obligations and has not missed child support. Now the mother is being evicted from her rented home for non payment, serious damage to the home where dogs and cats have been allowed too deficate and urinate on floors and carpets throughout the house, including the child's room (she's 5). The landlord is the mother's uncle who also informs the father that the child is constantly being dumped on her disabled wheel chair bound grandmother while the daughter goes out to party. The uncle has expressed concern for the child welfare to the father and says he will testify on the father's behalf. The mother continues to deny the father his to take his daughter for visitation as stipulated by court order. This latest visitation was to commence on 7/1/13. In order to see that his daughter is raised in a healthy environment, the father wishes to file for a change of custody. He has extensive documentation including affidavits from the mother's father, sister, and uncle each describing the unacceptable behavior of the mother, the filthy living conditions, and their support for the father to receive primary custody. Jurisdiction is in Massachusetts Family Courts. Does the father have a good case?

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