I need to know what i can or should do. My sons life is at stake and i want him
protected. My son is three yrs old, my ex left our home out of no were last September and its been nothing but hell sense... I filed a motion to protect my son and change the original order that states 'custody is with the mother visitation every other weekend with father no weekday visits child support is 18.46 a week" i filed in August to change to no or supervised visits to to my son being sent home dirty and bruised and his living conditions are unacceptable, the father lives in his manipulative mother house with his step father heroin addict sister whose been arrested several times caught with needles in arm and including for theft of a car! and his drunk uncle and the fathers girlfriend who moved in thre
three months after my EX left he met her off line and this girl lost both her small children to DCF two months prier. when i filed they opened a dcf case but did noting as my ex's mother lied for him and hid the sister in Florida when the dcf visited. i have a pre-trial in December. I filed three contempt's already for non payment of child support violations and one for him violating the order by showing up in my sons daycare classroom unannounced. I just received the date for contempt i filed three weeks ago and a letter im not sure is even legal from my ex, a temp motion to obtain medical records and so he can volunteer at the daycare and attend field trips? he said in court he couldn't do day visits due to him not being able to come out to Gardner back and fourth
It appears that you are doing a lot to protect your son. If you believe your son is in imminent danger and that visitations should be stopped or supervised, then you can file a Motion for Temporary Orders or even a 209A restraining order. You should also hire an attorney to represent you. If you can’t afford one, try calling Community Legal Aid - Worcester, (508) 752-3718 or the Lawyer Referral Service from the MA Bar Association, 800-392-6164. Good luck!
Gary S. Sinclair is an attorney licensed to practice in Massachusetts. If you wish to contact me or any other attorney on AVVO, just click on the attorney's name and you will find contact information. All of my answers are based on Massachusetts law or a simple reading of the law in your jurisdiction. All answers are for educational purposes and no attorney-client relationship is formed by providing an answer to your question. The information provided should NOT be relied upon for making legal decisions. You will be best served by hiring an attorney in your area who specializes in the field of law pertinent to your question.
Divorce / Separation Lawyer
If your son's well being is at stake I would be a bit more aggressive and file for temporary orders to stop visitation until an investigation can take place. Have you documented the bruises, and how do you know the living conditions are unacceptable? An experienced attorney can help you negotiate the court system in a way that will help protect your son.
This is not legal advice until I am retained and have reviewed all facts about your situation.