I lost custody 2 years ago. Was evaluated positive report, no increase in time with child due to case being in appeal, then got supervised visit for one disparrageing comment to child about other parent, supervision lasted one yr without basis despite all positive reports from supervisors, father highly contests regular time with child. after a yr and 18k to supervisors no supervision but minimal time with child. plenary hearing coming up with forensic input on overnights with child. sole custodial parent is a control freak, neglectful and unavailable for child, neglects her health m edical needs sends to school and daycare giving fever reducers, child is sent back home, father risks childs health does not let me take to doctor ..ignores her needs is very hostile and does not coparent
Family Law Attorney
Forget about suing your ex - the court found enough evidence to remove the child from your care, so a suit will get you nowhere. The only thing you can control is yourself, so put your energy into what you can do to make yourself a better parent (this is not meant to be offensive, we all need to do it!). The goal is a lifelong relationship with your child. Your ex may be controlling and hostile - you do not have to be. Be better than he is.
I concur with counsel's opinion that a lawsuit would be a waste of time and possibly money. Because orders regarding children can be modified in the future, it may be worthwhile to work on building a case for increased visitation, or even unsupervised visitation. You may also want to consult with local counsel regarding what steps you can take to work toward increased visitation in the future. Good luck.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.
I would agree with both other attorneys' answers. A lawsuit would be a waste of time and i don't think there would be any cause of action in tort. The crucial thing is preparing for the plenary hearing and making sure that you positively fulfil your role as a parent. Do waht you can to increase your visitation time to get unsupervised visits and use it positively. And be careful not to put down the other parent with your child, no matter how you might feel about his actions.
DISCLAIMER: This communication does not create an attorney-client relationship and is not legal advice unless you have entered into a fee agreement with the Law Office of Anthony J. Van Zwaren, P.C. and have paid the required fees. The information contained in this email may be privileged. Dissemination, distribution or copying of this e-mail or the information contained within it by anyone other than the intended recipient is prohibited. If you are not the intended recipient, please delete this message and any attachments from your system and notify us.