Legal Question in Family Law in Massachusetts

In November a judgment was made by judge king that I have physical custody, legal is joint an the father has every other weekend Fridays 6-6pm Sunday visits as well as Wednesday 5-7pm. as of today the father Jason has only showed for two wed visits and had him only three overnights. This past weekend was his visit, I actually denied it due to the fear of my son being unsafe in this environment, his sister an her boyfriend, both heroin addicts live there as well as his uncle who is a drunk, our son has no room an no bed, an they have no oven to cook with. Jason has monotonic dystrophy and is using his manipulative mother to talk for him in court to try an gain custody of our son. when we were together the other only saw our son if we went there about approximately 7 times in the two yrs of our sons life. i have been the care taker of all three of my children an Jason till he left our home in September. All three weekends he did take him my son was neglected an put into dangerous situations. Jason has moved three times from his mothers in Townsend, were the court thinks he lives, to a girlfriend he had for two months right after leaving in Pepperell, to meeting a stranger off line an having her move in to his mothers with him for a week before moving to Lunnenburg with his uncle an said girl. This girl has lost both her children due to neglect, drugs, and having a felon around them. Jason claims he cant work due to disability but works both with his uncle and his fathers company under the table as to avoid being put on child support, which the order has yet to be made for. I'm looking for full sole, physical, and legal custody with super vised or at least no overnight visits. sense i denied his visit this weekend, not even knowing he would even show as he never lets me know when he is or is not showing, his mother has called my parents, not me, an threatened to take me back to court lieing that Ive been denying visits he has not shown for an that she will fight for more visitation an be granted grandparents rights to take our son from me as much as she can. I do not trust his mother as I have been receiving threats from Jason that she will take all my children from me. His mother has taken her other two grandchildren (one not biologically hers) from there mother years ago. the mother just recently got her children back from this woman. The mother has also taken her own sisters children from there mother and i believe is trying to do the same to mine. I work full time and have been the sole support for my children sence the day they were born. this woman is not an has not ever been a part of our lives.

Asked on 2/06/12, 9:31 am

1 Answer from Attorneys

Jane McGowan McGowan Legal

if you case has a final judgment then a complaint for modification may be in order, the change in circumstance would be the father's living in an enviroment that is unsafe for your son. If you are still in the middle of the case and no final order has been issued, then you can file a Motion for Further Temporary orders.

As for the Grandmother getting Grandparent visitation, it is very difficult. the law is on the side of the parents. Parent's have the constitutional right to make choices for their children and who has the right to visit with them.

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Answered on 4/02/12, 5:45 am

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