Legal Question in Family Law in Massachusetts

Divorced Mother and Father co-parent. Father states he wants child to go to therapy, Mother does not agree. Father contacts his lawyer and sends letter to Mother stating she must agree and if not he will take her back to court. Father sends an email stating he found a therapist and after an initial phone interview thinks it would be a good fit for the child. Ask that Mother also speaks to therapist as well. During Mother's phone interview she is made aware that therapist did not speak to child's Father, however, it was his wife (step mother). Mother is custodial parent and both parents are to make decisions regarding child's health amongst other major life decisions. This is one of many issues step mother has crossed serious boundaries over and Father does not agree. What position would this hold in family court if Mother wants to modify the co parenting plan to have more defined boundaries. Would this be considered a third party interference? Again, this is only one of many issues from Father and step mother. It is a pattern and it has made the Mother's ability to co parent the child with the Father non existent. Thank you.


Asked on 3/26/12, 4:18 pm

1 Answer from Attorneys

Wyckoff Nissenbaum The Law Office of Wyckoff Nissenbaum

In order to modify the agreement you will need to show that there is a material and substantial change in circumstances and that it is in the best interest of the child. It sounds like there are many issues and the only way to clarify all the issues may be to file a Modification. If you have further questions, do not hesitate to contact my office at 617-410-6467.

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Answered on 3/29/12, 10:04 am


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