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

Q: I have primary physical custody of my daughter, mom has joint. Mom gets daughter fri-Sun and refusing to return Now what

Mom posted on Facebook Thur she was looking for a custody attorney. Daughter went for her weekend visit and mom is now refusing to return daughter. Claiming my daughter is scared to come home because daughter supposably said I hit her. (Which I didn’t). She is court ordered to return my daughter Sunday at 6pm and she will not, even though I have primary physical custody. I called the police station and they said there is nothing they can do. What do I do? I’m going to court in the morning but want my child back asap. I’m lost, please help.

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

A: If the allegation is untrue then a Contempt Complaint and Emergency Motion for Orders to Return the child and Affidavit in Support could be filed by you and perhaps also seeking the appointment of a Guardian Ad Litem to investigate and report to the Court with respect to what is happening with the mother and the child with the determination of what is in the child's best interest. You have not stated whether the DCF has been involved or whether there has been past involvement with the agency and your family , nor information as to your history or the mother's history, so this is a general suggestion only .

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