How old does a child have to be to testify in MA court that he doesn’t want to see his father?

Additional Information:

My boyfriend shares custody with his ex-girlfriend for their 10 year old boy.  She has physical custody, he has their son every weekend and also during the week if she has to work.  She tried to take him away to Miami 4 years ago, lied to the judge but judge ruled she could not leave Massachusetts.  Now she wants the boy to say he doesn’t want to see his Dad anymore, she has brainwashed him.  She doesn’t want to be monitored because she neglects the child. How old can he be to tell a judge he prefers either parent?  She is trying to get the child to lie.  Recently my boyfriend went to Greece on business and she took the child to Philadelphia for 5 days without permission.  Now she is furious because I tracked her down.  Please advise. Massachusetts is not kind to good fathers.

ATTORNEY ANSWER:

The Court is highly unlikely to allow a child to testify during a Court proceeding due to the traumatic effect it would have on that child. Instead, a Guardian Ad Litem (a GAL is an attorney or mental health professional) would be appointed to conduct an investigation. Part of the GAL’s process would be to interview the child. Please do not hesitate to contact me if you wish for more information. [Read more...]

Lowell Divorce Attorneys – Collaborative Law

If you are interested in a cooperative divorce process that enables you to resolve differences with your spouse contact a Massachusetts collaborative law attorney today at Berid & Schutzbank for a confidential consultation.

The Massachusetts Alternative Dispute Resolution (ADR) and Collaborative Law attorneys of Berid & Schutzbank provide divorce mediation and Collaborative Law services to all of Middlesex County, Essex County, Worcester County, and the Merrimack Valley region including Andover, Billerica, Burlington, Carlisle, Chelmsford, Dracut, Dunstable, Groton, Lawrence, Lowell, Methuen, North Andover, Pepperell, Tewksbury, Westford, and Wilmington, Massachusetts.

My ex-husband is not living up to the terms of our custody agreement.

Additional Information:

Are there any options for me? Will the courts do anything? We have a standard, every other weekend visitation arrangement for my husband with the kids, with other terms for holidays, birthdays, etc. My husband does not meet these terms; at the last minute he often doesn’t take the kids. He sometimes decides to keep them longer, interrupting camp and work arrangements I have made for the kids. An especially important factor is that I have one child with special needs who needs consistent care and schedules, and really requires special time with her father. Is there anything to be done to require him to follow the terms of the agreement, rather than him deciding last minute when he would like to have the kids visit?

ATTORNEY ANSWER:
You do have the option of filing a Contempt Complaint seeking that the Court enforce your agreement. Visitation issues, however, are difficult to enforce as the sanctions are somewhat more limited than with monetary issues. If you’re interested in more information, I would be happy to have a consultation with you to discuss your options. [Read more...]