Legal Question in Family Law in Massachusetts
What can I do?
I have custody of my 3 kids because my exwife was mentally unstable and decided she didn't want to be a fulltime parent. She pays me and her oldest son's father child support and takes the kids every other weekend.Here with me, my kids are loved, well adjusted, and in a stable 2 parent home. But for the past 5 years she has had money issues and struggles. She has had multiple roomates and still parties a lot. She gives my kids very little structure or rules in her home. Now 5 years later she has recently married and is going to move to our town to get 50/50custody of all 4 kids (ages;8,10,11,&13.) She seems stable on paper and she is a great manipulator but she hasn't really changed much. What can I do to stop this from happening?
4 Answers from Attorneys
Re: What can I do?
Retain an attorney to oppose her Complaint for
Modification of the custody and visitation by showing there has not been a material change in circumstances to warrant the modification. Good Luck!
Re: What can I do?
Retain an attorney to oppose her Complaint for
Modification of the custody and visitation by showing there has not been a material change in circumstances to warrant the modification. Good Luck!
: What can I do?
You cannot stop this, but you can deal with it, with an attorney.
The court allows people to change. However from what you described there is a difference between seeking a modification, and getting 50/50. External stability is not the same as personal growth and development.
Get a lawyer, and the lawyer will walk you through your specific situation and options.
If you need assistance, contact me.
Re: What can I do?
She is highly unlikely to win an award of 50/50 custody under the facts you describe. However, you should be preparing for the fight if it emerges. You should retain an attorney, if possible. You should also be prepared to seek a guardian ad litem. If there was a G.A.L. previously appointed, the same one can be reappointed.
Shared physical custody is almost never given in cases in which the parents cannot cooperate -- especially where one parent is more stable than the other.
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