Child custody in Massachusetts

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Latest post Wed, Aug 3 2016 12:05 PM by OliviasMom. 9 replies.
  • Sun, Jul 31 2016 7:30 PM

    • Emma0277
      Consumer
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    • MA
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    Child custody in Massachusetts

    Help about child custody in MA.  I am resident of Massachusetts. I have a child from my previous marriage and I have a sole physical custody of her.  Unfortunately I am going thru with my 2nd divorce again and we have a 1 year old child together. We both have stable Job, no criminal background and I think we are both fit parents. However he is threatening me that he is going to get a full physical custody of our child because he works from home, make more money than I do, lives in a fluent town,and a family nearby for support. I also live in a nice town.  Not to mention he is most likely to afford a good lawyer.  He also told me that because I have been divorced before, it's going to look bad on me. He also said that he will use my daughter againts me that she has an emotional issues. Before that he's been asking to to start seeing a therapist and maybe I should take a medication for depression well in fact he is the one that's diagnosed with depression and taking medication for it. Please help.please advise!

  • Sun, Jul 31 2016 8:22 PM In reply to

    Re: Child custody in Massachusetts

    Emma0277:
    He also told me that because I have been divorced before, it's going to look bad on me. He also said that he will use my daughter againts me that she has an emotional issues.

    Emma0277:
    However he is threatening me that he is going to get a full physical custody of our child because he works from home, make more money than I do, lives in a fluent town,and a family nearby for support.

    Best advice:  STOP listening to him.  DO NOT take advice from the enemy.  Hire the best lawyer you can and stand up to him.  If he can scare and intimdate you into doing what he wants he will.  You can choose to fall for it or not.  

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • Mon, Aug 1 2016 7:25 AM In reply to

    Re: Child custody in Massachusetts

    Stop listening to him. I do recommend all measures be taken to avoid a custody battle. That does nobody any good. If you both want sole custody count on a long expensive court battle. Can you both agree to joint custody? Try to keep things civil and let the smoke clear before either of you do anything. Good luck

  • Mon, Aug 1 2016 8:30 AM In reply to

    • Emma0277
      Consumer
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    • Joined on Sat, Apr 28 2012
    • MA
    • Posts 18

    Re: Child custody in Massachusetts

    I have no problem with Joint physical custody. As far as I know he is such a great dad to his own bio child but not to his step child. I don't want him taking our child away from me as I don't want to take our child away from him either. I guess I am just afraid that he will get a full physical custody and ristrict me from seeing my son since he doesn't want to Cooperate. I absolutely don't want a messy divorce for our son sake but I also will fight for my son.

  • Mon, Aug 1 2016 9:42 AM In reply to

    • Drew
      Consumer
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    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,370

    Re: Child custody in Massachusetts

    Don't take advice from prospective enemy....get your own counsel....failed to "fight" may give you louse outcome as you see it. 

     

    Dont rule out he is trying to maneuver you into less or no child support or,even that you owe him .



  • Mon, Aug 1 2016 10:10 AM In reply to

    Re: Child custody in Massachusetts

    Emma0277:
    I guess I am just afraid that he will get a full physical custody and ristrict me from seeing my son since he doesn't want to Cooperate.

    Courts are loathe to remove a parent from a child's life unless there is REALLY compelling evidence that it is best to do so.  Most family courts are maternal friendly and it is typically fathers who end up on the losing end of custody issues not mothers  Mom has to be just short of Satan or actually aiding and abetting Satan to lose custody in most courts.  

    If you are putting up a reasonable fair parenting plan and he is being stubborn and refusing to cooperate the courts are more likely to lean towards fair and equitable than controlling and unreasonable.  To ensure this happens you need solid legal counsel.  This is NOT a do it yourself project.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • Mon, Aug 1 2016 1:17 PM In reply to

    Re: Child custody in Massachusetts

    Emma0277:
    Please help.please advise!

    Legal advice is not something you can obtain from a message board, and you didn't ask a question.

     

    Emma0277:
    However he is threatening me that he is going to get a full physical custody of our child because he works from home, make more money than I do, lives in a fluent town,and a family nearby for support.

    Those are all things that will work in his favor, but they're not dispositive.

     

    Emma0277:
    I also live in a nice town.

    Just FYI, subjective assessments of "nice" are largely meaningless.

     

    Emma0277:
    He also told me that because I have been divorced before, it's going to look bad on me.

    Nonsense.  It's completely irrelevant, although the fact that you "have . . . sole physical custody of" your child from your first marriage could impact things.

    I suggest you confer with a local divorce attorney.

  • Mon, Aug 1 2016 1:19 PM In reply to

    Re: Child custody in Massachusetts

    Emma0277:
    I don't want him taking our child away from me as I don't want to take our child away from him either.

    It would take a lot for either of you not to at least get visitation.  Whether something approaching a 50/50 time split is feasible isn't possible to determine based on the facts you've shared with us.

  • Mon, Aug 1 2016 1:49 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,370

    Re: Child custody in Massachusetts

    Your post suggest you now live apart in separate towns ...I d take great care to have the maximum amount of,childs nights with me and child emrolled in my local school, if in school, and get legal counsel darn soon .



  • Wed, Aug 3 2016 12:05 PM In reply to

    Re: Child custody in Massachusetts

    Many people are lousy step parents. Keep this in mind if you decide to date again and if its worth the hassle. A Step parent generally will not treat their step kid like their own child. Your first child has probably been through alot. This is why I have dated very little since my divorce. I don't trust most men.

    Consult an attorney but try to limit contact with Dad and let the smoke clear. IMO there is no reason to award sole custody anymore unless one parent truly is unfit or uninvolved, but I am not in MA.

    Good luck, I hope everything else works out.

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