Sandwich, MA asked in Family Law, Child Custody and Domestic Violence for Massachusetts

Q: unable to see evidence before trial.

I recently had a trial for custody and ended up loosing based on false information. My ex, who abused me utilized DCF to hurt me. the power of DCF is so strong that regardless of my therapist saying: "I never seen anything like it. The poor girl had no chance no matter what she did." My ex admitted to have slap me, but the judge follow what DCF wrote: "I denied he was abusive."

I had a pro bono attorney. Knowing the treatment I received from DCF, and what my ex is capable of doing, I asked my attorney to let me read the records, and see the evidence submitted. As much as I asked, she didn't give me the opportunity to do so. During trial, a lot of things came out. Some of the issues were from years ago and at the pressure of being on the stand, I didn't remember the fine details that proved things wrong.

The judge questioned me and even mentioned it in the verdict in a negative way that I had not read it.

can this be used to reopen my case? I feel is unfair.

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

A: It is likely that an appeal would not be successful as the judge is the fact finder and assesses credibility. It is possible that remaining in an abusive relationship was neglectful. You do not state whether you have any issues or what the DCF found as a result of their involvement with your family Usually. the best course is to work on what issues the DCF had recommended and move forward so that you can have first successful visitation and then if it is in the children's best interests, Modification seeking custodial change.

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