Legal Question in Family Law in Massachusetts

My sister is in a tough situation - she has been involved in an abusive relationship with the father of her child. Recently, they split up (due to him dragging the child down a flight of stairs by his hair) and she was awarded full custody while he gets overnight visits for two nights a week and has to pay her child support. The reasoning of the court for giving him overnight visits was a lack of evidence of abuse due to the fact that my sister did not report the abuse immediately after it happened. They are due back in court in April and I believe he is going to try for partial custody which will in turn, I believe, reduce his child support payments. Money is all this man cares about; he does not care about his son or my sister. There have been a few instances when, after spending the night at his father's house, my nephew came home with excrement in his underwear and wearing the same clothing as he had the day before. This man does not know how to properly care for a child, nor does my nephew want to go with him ever. Unfortunately, my sister is falling for his recent act that he is trying to change and that he actually cares about her and she will not report this to her lawyer to file a motion. She is defending her abusive ex-boyfriend because she believes that they are going to get back together. My questions is this - do my parents (the grandparents of her child) have any legal rights or options to report this with the courts? Can they possibly request custody of this child, should my sister neglect to inform the court of what is happening? Is there anything at all we can do?


Asked on 3/14/11, 3:39 pm

1 Answer from Attorneys

Wyckoff Nissenbaum The Law Office of Wyckoff Nissenbaum

If you are fearful that the child is being abused, you can contact the department of children and family services. You can also file for emergency guardianship of the child if you feel that the child is in danger. The facts provided are serious enough for an emergency hearing. You should contact a family law attorney for case specific information.

Read more
Answered on 3/15/11, 7:32 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Massachusetts