Legal Question in Family Law in Massachusetts

custodial mother with out her children

I was recently awarded full physical custody. THe day of teh trial , 30,000 dollars later my lawyer ex husband says he will give the children back to me and he does not want a trial. I live about an hour away from my ex husband. Our children are 8,6,4,2 . The judge made it pretty clear that he the wanted the oldest to finish school and come with me in June. I have full physical and legal because she was never adopted by my ex husband. The new wife of my ex is pretty crazy. She wants to come home and live with me. My ex is still acting like he has full physical. In reality I do, but they are not living with me now. Is there any way to bring my oldest home with out him doing some crazy emergency motion that will hurt me? The judge needs to know how badly my oldest wants to come home. I have 3 others that we share legal, but the oldest is mine and she is still with him.


Asked on 1/26/03, 5:02 pm

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

Re: custodial mother with out her children

It is not clear if you have sole physical custody only of the oldest child or all three. In any event, if you paid $30,000 for a lawyer, what are you doing looking for free legal advice?

The simplest thing is to file a contempt complaint for his not returning the physical custody to you. The only cost will be to have him served. You can do this yourself.

The only thing that will count against you is waiting 7 months and almost another school year, especially if you think the kid(s) are afraid of the new wife.

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Answered on 1/26/03, 8:12 pm


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