Legal Question in Family Law in Massachusetts

I am a single divorced mom of a 12 year old son who behavior is completely out of control. I have been going through hell for years between him and his father and it just is getting worse the older he gets. I try to be a great mom to him in everyway possible but it doesn't seem to matter, he just doesn't appreciate anything I do for him. Consequences do not have any affect on him either and I really feel like I am at the end of my rope-ready for a nervous breakdown or worse. I have basically no family support where I live and going through this all alone. My mom and sister live down in Florida and I live in the horrible and depressing state of MA. My mom says that I can come down there anytime to live. I just want to know what steps I would need to take if I decide to go in that direction and leave my son with my Ex and what the ramifications would be in this case. I would appreciate any kind of advice. Thank you


Asked on 10/01/10, 5:53 am

3 Answers from Attorneys
Sarah De Oliveira S. De Oliveira Law, LLC

You can file a complaint for modification to request that your former husband take care of your son, or you can file a complaint for modification to allow you to relocate with your son to Florida. Perhaps by moving to Florida where you have support, you'll be able to have better control on your son.

My office offers free consultations and I would be more than happy to discuss your situation with you further.

www.sdeoliveiralaw.com

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Answered on 10/06/10, 8:09 am

You can seek modification of the custody of your child by granting physical custody to your ex while providing for visitation to yourself or you can seek permission to remove your son from MA and take him to FL.

If you give physical custody to your ex, you may be required to pay child suport to him.

Good luck.

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Answered on 10/06/10, 10:04 am
Matthew Callis

The above answers are correct. A simpler way may be to ask for a temporary order where your ex husband takes custody of your son. Then you go to Florida for as long as is agreed. Feel free to call or email if for a free consultation.

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Answered on 10/07/10, 5:40 am


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