Brooklyn, NY asked in Family Law and Child Custody for Massachusetts

Q: I am looking for a pro bono lawyer to represent my 15 year old. She would like to live with me full time. Thank you

About three years ago my ex husband suffered three ischemic strokes which altered him. I was a stay at home mom for 13 years and one day come home to being kicked out, he retained a lawyer, I was left powerless. I lost custody of my kids after a long battle I couldnt win. It took a long emotional and physical toll on me.

I havent seen two of my kids in a year which leaves him in contempt of court. However they dont want to see me because their Dad has brainwashed them. Ive watched their emotional and physical health decline while I have taken the time to rebuild myself.

My 15 year old daughter is with me all the time and wants to live with me full time and return to her friends and where she is healthy. However we are afraid to go back to court where injustice separated us. I provide for her, travel with her etc. This after him convincing a court I was unsafe. It was all perjury and the lies he told a Judge my other two children now believe.

Please help my daughter come home.

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1 Lawyer Answer

A: Since your 15 year old has been with you and apparently wants to stay with you , this is a Modification of custody complaint which you would be bringing. At 15 your child would have a voice about her primary residence and would still have visitation with father. It is unfortunate that you have not had contact with your other children and you should pursue a Contempt complaint if visitation orders have been violated. The Court can urge family counseling to rebuild the relationship but time is of the essence and delay is not helpful. You have not informed what the issues were alleged with your custody battle so that is something which you should address with your counsel. You should be prepared to rebut whatever the accusations are or have been. Was DCF involved concerning abuse or neglect? Were there allegations of substance abuse?

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