my ex wife got arrested for first degree misdameanor battery and we have joint legal custody with visitations and i pay child support
If the facts present a danger to the child then you can file. Consult an attorney to assist.
This is not intended as legal advice and does not create an attorney-client relationship.
What is the emergency and what kind of modification will you be seeking. If you can convince the court that there is an immediate threat of danger to your child due to your ex's behavior then an emergency order addressing custody and/or parenting-time may be indicated. However, if the child is safe, the court will address the matter in its customary way.
This is not legal advice and is not intended to create an attorney-client relationship. You should speak to an attorney for further information.
The answer to your question depends upon the issue of whether the children are in danger. If the arrest occurred, as it often does, because of substance or alcohol abuse, that might be evidence of parental unfitness. You need to consult with an attorney to determine your goals and to evaluate the chances of your being successful in accomplishing those goals.
I am a Massachusetts attorney and answer questions solely based on Massachusetts law. The above answer is for educational purposes only and does not create an attorney client relationship or constitute legal advice. I would strongly recommend that you schedule a meeting with an experienced attorney who can review your facts in detail, ask additional questions and provide you with advice.
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