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  1. #1
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    Default Mother Wants Child to Move Away from Dad

    My question involves a child custody case from the State of: Massachusetts

    My fiance has a 12 year old daughter from a previous relationship. In the past my fiance has had to file for contempt against her mother for denying him his court ordered visitations. During that hearing she stated that she did not believe she was obligated to let him see his daughter at all despite the court order. About 2 years ago her mother decided she was going to move to Florida to live with her parents and she filed a modification to take the child with her. The Judge decided it was not in her best interests to move to Florida and ordered that they share legal custody but her primary residence would be here with us in Massachusetts. They agreed that in lieu of child support she would pay half of any extra curricular activities and uninsured medical expenses as well as travel expenses for her visits. His daughter got braces about a year ago and we paid our half up front and her mother set up a financing plan to pay for her half. She was also paying half of her dance tuition. Just about 5 months ago she just up and decided to stop paying both of them. We were getting phone calls constantly because they could not get in touch with her. The Orthodontist would not continue their treatment because she was so far behind on payments. We tried to tell her what was going on but she ignored us, she wouldn't even speak to her daughter. She has also cancelled her last 2 week long visits with her. Finally after months of this I convinced my fiance to go file another contempt against her. They just had the hearing a couple weeks ago and she was given 2 hours to make payments and get both accounts current and provide confirmation or the judge was going to issue a warrant. Now all of the sudden, not 2 weeks later she is telling us that her daughter wants to live with her in Florida (we believe she was influenced) and she will be taking him to court for custody.

    Is it fair to assume that a judge would think it would be a little irrational to uproot a child who is thriving in her current situation and totally disrupt her life? And maybe the mothers motives are based more on money than what is in her daughters best interests? And will her past and recent contempt help the fathers case at all?

  2. #2
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    Default Re: Mother Wants Child to Move Away from Dad

    It is likely that the judge will give some weight (I do not know how much) to the child's actual wishes. The judge will base it on what the judge feels is the child's best interests.

  3. #3
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    Default Re: Mother Wants Child to Move Away from Dad

    Quote Quoting llworking
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    It is likely that the judge will give some weight (I do not know how much) to the child's actual wishes. The judge will base it on what the judge feels is the child's best interests.
    Where is the required CoC?

    The child aging up and/or wanting to live elsewhere do not constitute a CoC in and of themselves in Mass.

  4. #4
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    Default Re: Mother Wants Child to Move Away from Dad

    The case is in Massachusetts, that is where the child was born and always lived. That is part of the reason she stayed when the mother moved to Florida 2 years ago.

  5. #5
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    Default Re: Mother Wants Child to Move Away from Dad

    Quote Quoting SarahMW9484
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    The case is in Massachusetts, that is where the child was born and always lived. That is part of the reason she stayed when the mother moved to Florida 2 years ago.
    Yeap, that's what I understood.

    Mom can't just file for custody. She needs a change of circumstance first, and then she has to prove that the CoC requires a custody modification. I think it's very important that Dad understands this.

    In this situation Mom has a double whammy because she's not only asking for custody, she's also asking to relocate the child to Florida ... again. She tried it once and failed. The court isn't likely to appreciate her trying to find a loophole.

  6. #6
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    Default Re: Mother Wants Child to Move Away from Dad

    Quote Quoting Dogmatique
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    Yeap, that's what I understood.

    Mom can't just file for custody. She needs a change of circumstance first, and then she has to prove that the CoC requires a custody modification. I think it's very important that Dad understands this.

    In this situation Mom has a double whammy because she's not only asking for custody, she's also asking to relocate the child to Florida ... again. She tried it once and failed. The court isn't likely to appreciate her trying to find a loophole.
    She also has a tendency to be very disrespectful in the court room. That along with her disregard of court orders, lack of responsibility or concern for her daughters medical treatments will hopefully show that she is just better off where she is.

  7. #7
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    Default Re: Mother Wants Child to Move Away from Dad

    Quote Quoting SarahMW9484
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    She also has a tendency to be very disrespectful in the court room. That along with her disregard of court orders, lack of responsibility or concern for her daughters medical treatments will show that she is just better off where she is.
    If Dad actually gets served, come back and let us know. I have a feeling though that Mom is all bluster at the moment.

  8. #8
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    Default Re: Mother Wants Child to Move Away from Dad

    Hopefully... I'm sure it's a case of wounded pride because the judge really let her have it. So she feels the need to retaliate the only way she can. I'll definitely let you know if anything comes of it. Thanks!

  9. #9
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    Default Re: Mother Wants Child to Move Away from Dad

    I just have a little something to add... she has been in contact with Dad today and told him that when she goes to Florida for her visit in April, he needs to start sending her things down there because she is moving there. Now, I am no expert but one would think that if there is a court order in place specifying where the child resides, she cannot make decisions like that, correct? What would be the best way to deal with someone who is constantly thinking she is above having to do things by the book?

  10. #10
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    Default Re: Mother Wants Child to Move Away from Dad

    Does he have proof of this conversation?

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