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Massachusetts Child Custody Legal Questions

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117 legal [2, *]questions have been posted about child custody by real users in Massachusetts. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include family law, adoptions, and child support. All topics and other states can be accessed in the dropdowns below.
Massachusetts Child Custody Questions & Legal Answers - Page 2
Do you have any Massachusetts Child Custody questions page 2 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 117 previously answered Massachusetts Child Custody questions.
Child Custody
Massachusetts

Recent Legal Answers

How do I go about filing for sole legal and physical custody of my chid

Answered 11 years and 4 months ago by Kevin Rauseo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You want to file a Complaint for Custody and request the court awarded you sole legal and physical custody.  I will need to serve the father with a summons and a copy of the complaint.  If you cannot find the father, then you make ask the court to allow to serve by publishing in a newspaper but the court is going to want to know what efforts you took to find him first. ... Read Answer
You want to file a Complaint for Custody and request the court awarded you sole legal and physical custody.  I will need to serve the father... Read Answer

Is there anything a father can do to get shared custody before the child is born?

Answered 11 years and 4 months ago by Kevin Rauseo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
It would appear that your brother is not married to the child's mother but please correct me if that is inaccurate.  It is very difficult to get share physical custody of a new born baby, especially if the mother is nursing the baby.  But, your brother may file a Petition to Establish Paternity, Custody and Support upon the baby's birthday.  Assuming your brother does not present a risk to the child (drugs, violence, etc) he will get time with his child.  The court may restrict his time at first to short frequent visits to establish a bond then extend the time. ... Read Answer
It would appear that your brother is not married to the child's mother but please correct me if that is inaccurate.  It is very difficult to get... Read Answer

My son's father signed birth certificate shortly after birth (10/07/11). He had minimal contact, but we lived together for one month.

Answered 11 years and 4 months ago by Kevin Rauseo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Massachusetts law requires you to seek court permission before relocating the child out of state.  The court use the real advantage test to determine whether relocation is beneficial to the child.  You may read the case of Wakefield v. Hegarty, 67 Mass. App. Ct. 772 (2006) for details on the standard the court uses in relocation cases.  Please let me know if you have further questions.... Read Answer
Massachusetts law requires you to seek court permission before relocating the child out of state.  The court use the real advantage test to... Read Answer

Child support

Answered 11 years and 5 months ago by Mr. Miguel A. Nieves (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
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I suggest you file a contempt on the child support issue. Do not withhold visitation unless the court order states that visits are subject to him being current on support (very unlikely).
I suggest you file a contempt on the child support issue. Do not withhold visitation unless the court order states that visits are subject to him... Read Answer

Can my ex husband tell me that our two children cannot be around my husband without any legal notices or DCF involvement?

Answered 11 years and 5 months ago by Kevin Rauseo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Absent a court order preventing your husband from being around your children, your ex-husband has no legal authority to prevent it but your ex may petition the court for such an order if he can establish sufficient grounds. 
Absent a court order preventing your husband from being around your children, your ex-husband has no legal authority to prevent it but your ex may... Read Answer

How can I put child support on myself, in order to obtain joint custody.

Answered 11 years and 5 months ago by Kevin Rauseo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If you are married to child's mother then you would file for divorce or legal separation.  If you are not married to the child's mother then it depends on if you are listed on the child's birth certificate.  If you are so listed, then you would file a Complaint for Support, Custody and Visitation.  If you are not listed on the birth certificate then you would need to file a Complaint to Establish Paternity.  Custody determinations in Mass are based on the best interest of the child standard, meaning the court will make custody determination on what best for your son.  Many thanks.... Read Answer
If you are married to child's mother then you would file for divorce or legal separation.  If you are not married to the child's mother then it... Read Answer

How far away can a non-custodial parent before it causes visitation issues?

Answered 11 years and 5 months ago by Kevin Rauseo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Visitation can be modified upon proving the occurrence of a substantial change of circumstance which makes it in the best interest of your daughter to change the visitation schedule.  This varies on a case by case basis.  How about proposing that her father's visitation begins on Saturday when he can pick attend her activity and then take her home?... Read Answer
Visitation can be modified upon proving the occurrence of a substantial change of circumstance which makes it in the best interest of your daughter... Read Answer

I have sole legal and physical custody, can I move my kids out of MAssachuesetts with out going to court?

Answered 11 years and 6 months ago by Kevin Rauseo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
M.G.L. chapter 208, Sec. 30 prevents the removal of a minor child from the Commonwealth without consent of the other parent unless unless the court upon cause shown otherwise orders.  So, if the other parent does not agree, you may petition the court to allow you to relocate.  Many thanks... Read Answer
M.G.L. chapter 208, Sec. 30 prevents the removal of a minor child from the Commonwealth without consent of the other parent unless unless the... Read Answer

divorce and parental rights

Answered 11 years and 7 months ago by Kevin Rauseo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Depending on how long you and your daughter have lived in MA, the court may have jurisdiction to address the custody and divorce issues.
Depending on how long you and your daughter have lived in MA, the court may have jurisdiction to address the custody and divorce issues.

Children visiting father and the father leaves the kids at night

Answered 11 years and 7 months ago by Kevin Rauseo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
The issue depends on the age of the children, the length of time he leaves, where he goes, is there any supervision when he leaves, etc.
The issue depends on the age of the children, the length of time he leaves, where he goes, is there any supervision when he leaves, etc.

How can I effectively get full time custody of my daughter whom I currently have split custody?

Answered 11 years and 7 months ago by Kevin Rauseo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
A court may modify a custody order only if the person requesting the modification can establish a substantial and material change of circumstance has occurred since the initial order and the modification is the child's best interest.  It seems from your inquiry that your daughter was spending more time with you than outlined in the order.  If this went on for a long period of time, then that may be a basis for a modification but the ultimate decision will rest with the trial court.  If you pursue a modification then requesting the appointment of a guardian ad litem would be appropriate.  Many thanks... Read Answer
A court may modify a custody order only if the person requesting the modification can establish a substantial and material change of circumstance has... Read Answer

I have a 2 year old baby girl her father is staring to be physical and verbal abuse it with me. I am afraid to leave him because he will take her away

Answered 11 years and 8 months ago by Kevin Rauseo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
I strongly suggest you speak immediately to the police.  Domestic Violence is very serious and places you and your baby in danger.  There are numerous groups who assist victims of domestic violence in how to protect you and your baby.  You should consult with one in area today.... Read Answer
I strongly suggest you speak immediately to the police.  Domestic Violence is very serious and places you and your baby in danger.  There... Read Answer

My daughter wants to be with me full time and only see her mother for visitation.

Answered 11 years and 8 months ago by Kevin Rauseo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If you want to modify the parenting arrangment, then you will need to file a Complaint for Modification based on your daughter's prefence AND on the basis that mother is not exercising her parenting time anyway. I am handling a similar case. The court appointed a GAL to only speak to the 14 year old who explain their preference.  The GAL reported her findings and we are now very close to reaching an agreement to settle and change custody to the father. ... Read Answer
If you want to modify the parenting arrangment, then you will need to file a Complaint for Modification based on your daughter's prefence AND on the... Read Answer

Can I get my file from my old lawyer and do I have the legal right to it

Answered 11 years and 8 months ago by Kevin Rauseo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Yes, you may get your file from your former lawyer.  The law states the file belongs to the client. 
Yes, you may get your file from your former lawyer.  The law states the file belongs to the client. 

How do I go about getting custody of a child/children in Massachusetts when I am undergoing separation and soon a divorce?

Answered 11 years and 8 months ago by Kevin Rauseo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Upon filing for divorce, you may request a temporary hearing and ask the court to set up a parenting plan to address physical custody and visitation.
Upon filing for divorce, you may request a temporary hearing and ask the court to set up a parenting plan to address physical custody and visitation.

What are reasons to request sole custody of a child?

Answered 12 years and 4 months ago by Greg Krikorian (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
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Are you legally divorced? what kind of custody is ordered ? who has legal, physical custody? is it shared Custody? do you mean visitation when you say "watcher"? details needed. In Mass. the "Best interest of the Child" is what the court bases its decisions and modifications upon.
Are you legally divorced? what kind of custody is ordered ? who has legal, physical custody? is it shared Custody? do you mean visitation when you... Read Answer

A few months back in a rage I called the police on my girlfreind for strikeing me. No arrest or anything. Is there still a report on file

Answered 12 years and 4 months ago by Greg Krikorian (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
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Child custody in MA is determined based on the "Best Interest of the Child" standard. This one incident seems too weak to defeat other factors in the interest of the chidren that you may highlight like health, well being, school, friends, sports and the like that are given equal if not more weight.... Read Answer
Child custody in MA is determined based on the "Best Interest of the Child" standard. This one incident seems too weak to defeat other factors in the... Read Answer

How do I go about this? My son's mother doesn't have any court orders stating I cannot see my son but isn't allowing me to see him can she do that?

Answered 12 years and 5 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Child Custody
Wyckoff Nissenbaum, Esq.
In order to enforce your visitation rights you will need to go to court. You will need to argue for reasonable visitation with your son.  If you have additional questions, then you can contact my office at 617-410-6467.    Best, 
In order to enforce your visitation rights you will need to go to court. You will need to argue for reasonable visitation with your son.  If... Read Answer

my brother has a permanent restraining order against him reguarding his children in the state of massachusetts

Answered 12 years and 5 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Child Custody
Wyckoff Nissenbaum, Esq.
Dear Anonymous,  He can file a request for custody/visitation in the Florida and request that the court modify the restraining order to allow communication. The girls mother can also request that the restraining or be dropper or modified to allow communication. 
Dear Anonymous,  He can file a request for custody/visitation in the Florida and request that the court modify the restraining order to... Read Answer

Change to weekend visitation

Answered 12 years and 6 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Child Custody
Wyckoff Nissenbaum, Esq.
The only way to change a court judgment is by agreement and approval of the court or by court judgment. You have a good argument and may want to consider going back to court. 
The only way to change a court judgment is by agreement and approval of the court or by court judgment. You have a good argument and may want to... Read Answer

if a mother has lost parental right to a child does she have standing to go after visitation in a different case.

Answered 12 years and 6 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Child Custody
Wyckoff Nissenbaum, Esq.
Dear Anonymous,  The mother is allowed to petition the courts for visitation. You will have to show the court why it is not in the best interests of the child to to have visitation with the mother. If you have additional questions, do not hesitate to contact my office at 617-410-6467.   ... Read Answer
Dear Anonymous,  The mother is allowed to petition the courts for visitation. You will have to show the court why it is not in the best... Read Answer

trying for sole physical custody

Answered 12 years and 6 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Child Custody
Wyckoff Nissenbaum, Esq.
Dear Anonymous,    You should contact your attorney regarding this matter. It is important that both parents work together for the best interests of the child. If she continues to be difficult, it is up to you to bring this to the attention of the court. If you have any questions, do not hesitate to contact my office at 617-410-6467.   ... Read Answer
Dear Anonymous,    You should contact your attorney regarding this matter. It is important that both parents work together for the... Read Answer

What are the chances of exhusband that has mental disabilties to get back custody of my daughter

Answered 12 years and 7 months ago by Greg Krikorian (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
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Child Custody is awarded based on the best interest of the child. Such determination is reached by the court using the following factors among others  (age of the child, ability of each parent to adequately care for the child, financial situation of the parents, circumstances of parents as they relate to meeting the childs needs, keeping a child within established school and social environment, proximity for visitations for non-custodal parent etc..)... Read Answer
Child Custody is awarded based on the best interest of the child. Such determination is reached by the court using the following factors among... Read Answer

Im seventeen years old and I want my dad to have custody of me. Can my custody change be fulfilled if my mother objects?

Answered 12 years and 8 months ago by Greg Krikorian (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
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In Massachusetts, custody of children is determined based on "the best interest of the child" which the court decides after hearing the circumstances as you state. Your father can reopen the custody matter in the Probate and Family Court of your county and seek to modify it. In such hearing, being 17 the court will consider your personal choice as well, as a factor (among others) to reach its detremination.... Read Answer
In Massachusetts, custody of children is determined based on "the best interest of the child" which the court decides after hearing the circumstances... Read Answer

My friends girlfriend two weeks ago told him she's moving out with their 3 year old daughter in November and gave notice to their rental unit leaving

Answered 12 years and 8 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Child Custody
Wyckoff Nissenbaum, Esq.
He should take over the lease and file a Complaint for Support -Custody - Visitation in the probate court. 
He should take over the lease and file a Complaint for Support -Custody - Visitation in the probate court. 
Child Custody
Massachusetts

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