Custody Modification In Massachusetts

Summary

In Massachusetts, if you seek to modify a custody arrangement, you can file a motion in family court, especially if circumstances have changed. Present evidence of your mental health stability and emphasize the childrens best interests. If the father is experiencing housing instability, this can be relevant to the courts decision. You can request a child custody evaluation and a guardian ad litem to represent the childrens interests. If evidence is in another language, ensure translations are certified. Moving to a new state for stability can be considered, but requires court approval. Consider consulting a family law attorney for personalized guidance.

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I have a custody battle in MA. The father has temporary custody granted due to concerns with mental health. Mental health is no longer an issue and he now wants to move to VA with the kids due to the price of living. I live in RI and moved for the same reason
Hi ****,
To better understand your situation, could you please clarify if there are any existing court orders or agreements regarding custody or visitation rights? This will help me provide you with the most relevant information.
Temporary legal and physical custody granted to the father. I have supervised visitation rights
Hi ****,
Thank you for sharing the details. Here are some general steps you might consider:
- **File a Motion:** You can file a motion in the Massachusetts family court to modify the custody arrangement due to the change in circumstances.
- **Prove Stability:** Gather evidence of your mental health stability, such as medical records or a therapist’s note.
- **Best Interests of the Child:** Emphasize how staying in Rhode Island with you is in the best interests of the children.
Would you like more information on how to file a motion in Massachusetts family court?
I filed that with the courts. The father is lying in his motions. he claims I go to his house and destroy things and that he has a support system in VA. I don't have prove of my allegations
Hi ****,
I understand your frustration. Here are some steps you might consider:
- **Gather Evidence:** Collect any evidence that disproves the father's claims, such as alibis or witness statements.
- **Witnesses:** Ask friends or family who can attest to your behavior and stability.
- **Legal Representation:** Consider seeking legal advice from an attorney experienced in family law.
Would you like more information on how to gather evidence or find legal representation?
I have prove that he is experiencing housing inestability and food insecurity too, but he wants child support instead of giving me the kids
Hi ****,
Thank you for sharing more details. Here are some steps you might consider:
- **Present Evidence:** Submit proof of the father's housing instability and food insecurity to the court.
- **Child Support Consideration:** Highlight how his request for child support contradicts his ability to provide a stable environment.
- **Best Interests of the Child:** Emphasize that the children’s well-being is better ensured with you.
Would you like more information on presenting evidence or navigating the family court process?
how can I prove best interest without witness? Can I request an evaluation for my children? should I tell the judge what the children are saying about their father ?
Hi ****,
Here are some general steps you can consider:
- **Prove Best Interests:**
- Submit documented evidence of your stable environment, such as housing, employment, and mental health records.
- School records and activities showing the children’s well-being in your care.
- **Request Evaluation:**
- Yes, you can request a court-ordered child custody evaluation to assess the best interests of the children.
- **Children’s Statements:**
- Generally, it’s important to focus on objective evidence rather than children’s statements unless they are part of a formal evaluation.
Would you like more information on how to request a child custody evaluation?
He has told the children to lie during the court evaluation and said that if they did not they would be sent to another family
Hi ****,
Here are some steps you might consider:
- **Document Coercion:** Record any evidence or statements from the children about being told to lie.
- **Inform the Court:** Notify the court about the father's coercion and request a guardian ad litem to represent the children's best interests.
- **Seek Legal Advice:** Consider consulting a family law attorney for guidance.
Would you like more information on how to notify the court or find legal representation?
to request a guardian ad litem how do I do that?
Hi ****,
To request a guardian ad litem (GAL), you can follow these steps:
- **File a Motion:** Submit a formal request (motion) to the family court in Massachusetts where your custody case is being heard.
- **Explain the Need:** Detail why a GAL is necessary, such as concerns about the children's well-being and the father's coercion.
- **Provide Evidence:** Attach any relevant evidence supporting your request.
Would you like more information on how to file a motion?
What happens if I don't have evidence?
Hi ****,
If you lack evidence, here are some steps you can take:
- **Focus on Credible Testimony:** Your testimony can still be powerful. Be consistent and honest.
- **Character Witnesses:** Ask friends, family, or professionals who know you well to testify on your behalf.
- **Request Investigations:** Ask the court for a thorough investigation or evaluations.
Would you like more information on how to find character witnesses or request investigations?
What happens if I don't have character witnesses? I'm new to this area
Hi ****,
If you don't have character witnesses, you can still take the following steps:
- **Credible Testimony:** Present your own consistent and honest testimony.
- **Documented Evidence:** Provide any documentation or records that support your case (e.g., stable housing, employment, mental health records).
- **Request Evaluations:** Ask the court for child custody evaluations or investigations.
Would you like more information on how to request an evaluation or present your documentation effectively?
How do I submit this evidence? Most of it is in spanish
Hi ****,
Here are some steps you can take to submit your evidence in Spanish:
- **Translate Documents:** Have the documents translated into English by a certified translator.
- **Certified Translations:** Ensure the translated documents are certified and attach the certification to each translation.
- **Submit Both Versions:** Provide both the original Spanish documents and their English translations to the court.
Would you like more information on finding a certified translator?
What happens if evidence is a video?
Hi ****,
If evidence is a video, here are some steps you can take:
- **Format:** Ensure the video is in a common format (e.g., MP4).
- **Transcription:** Provide a written transcript of the video's content in English.
- **Certification:** If the video has dialogue in another language, provide a certified translation.
- **Submission:** Submit the video along with the transcript and translations to the court.
Would you like more information on how to submit video evidence?
If I show prove that the father is experiencing housing instability would that not instead Grant him child support?
Hi ****,
Presenting evidence of the father's housing instability can impact the court's decision. Here are some points to consider:
- **Child Support Consideration:** The court will evaluate the father's financial situation and housing instability.
- **Best Interests of the Child:** Emphasize that a stable environment is crucial for the children’s well-being.
Would you like more information on how to present this evidence effectively?
What happens if moving to a new state is the way I can present stability for the children?
Hi ****,
If moving to a new state is how you can present stability for the children, you can follow these steps:
- **File a Motion:** Request court permission to move with the children, demonstrating how the new state provides stability.
- **Evidence of Stability:** Provide evidence of stable housing, employment, and community support in the new state.
- **Best Interests of the Child:** Highlight how the move benefits the children's overall well-being and stability.
Would you like more information on how to file a motion to move with the children?