Wareham, MA asked in Child Custody and Family Law for Massachusetts

Q: I have joint custody of my son and his father and step mom are keeping him from me.

.i would like to know if theres anything I can do other than court such as calling the police to do a welfare check on my child,get dcf involved,or report for kidnapping?

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3 Lawyer Answers
Brian Waller
Brian Waller
Answered
  • Divorce Lawyer
  • Worcester, MA
  • Licensed in Massachusetts

A: It really depends on the custody order that is in place and why they are withholding visits. Parenting time and custody arrangements are supposed to be honored despite other quarantine restrictions so that alone isn't a valid reason to deny visits. If you are concerned about the child's safety, then contacting the police for a wellness check or DCF may be appropriate. Just ensure it is a valid, rational concern rather than an emotional reaction. The best thing to do would be to talk to an attorney (or more than one) to explain your situation and they could guide you on a path forward based on their experience with other cases like this.

Lillian J. LaRosa
Lillian J. LaRosa
Answered
  • Divorce Lawyer
  • Woburn, MA
  • Licensed in Massachusetts

A: If you have visitation the Court still expects exercise of same unless there is an active illness in either household so you could file r a Contempt Complaint if your request made in writing is rebuffed. If you believe that there is some reason that the child is at risk contacting police for a wellness check is ok

Tanesha R Wright
Tanesha R Wright
Answered
  • Divorce Lawyer
  • Boston, MA
  • Licensed in Massachusetts

A: If you have an order with parenting time that is in place, your ex is violating that order and you should contact an attorney to potentially file a contempt and request an emergency hearing. Parenting time orders are still in place regardless of the current pandemic, unless there is an order stating otherwise.

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