My question involves a child custody case from the State of: Massachusetts
A background: Parents divorced in 1999. Mother received physical custody, with joint legal custody for Mother & Father. Mother and Father have a deplorable relationship, with great difficulty maintaining civility. Father has reduced his interaction as much as practical with Mother for that reason. Father initiated divorce, and spent several years in therapy as a result of emotional abuse/controlling behaviors of Mother.
The children are now teens, the son in H.S. has been failing his courses this year, so mother has dictated that visitation with Father is not permissible: Son is too busy with homework...the overarching priority, per Mother, is for Son to pull grades up enough to avoid being dismissed from Private School.
Daughter still sees Father weekly, though weekend/overnight visits are minimal. Also in private school, Daughter has been paying Mother over $100/week toward her tuition, resulting in Daughter working Friday, Saturday Sunday every weekend to provide tuition $$ to Mother, and to be able to have money for clothing, school supplies and 'extras'. Daughter is not permitted to drive (has license) because Mother could not add Daughter to car insurance for $$ reasons. Daughter provided cash to mother for insurance months ago, but Mother has yet to put Daughter on Auto Insurance. Daughter claims 'verbal abuse' from mother has been ongoing for herself and brother, and that Mother takes away her cell phone, her school ID, drivers license, and bank card for the slightest infraction of house rules (which, per Daughter, are modified from week to week).
Father pays $475/week in CS, and Mother earns $60k+. Father's position is:
1. Daughter should not be paying Mother to cover car insurance and school tuition. Daughter should not be responsible to purchase her own clothing, toiletries and school supplies. CS is intended to assist Mother with such expenses. Note that Father did not agree to sending children to private school, nor is he obliged by court order to pay tuition.
2. The undue pressure placed on Daughter to provide her own clothing, toiletries, school supplies and funds for social events, as well as contributing to the tuition costs, has resulted in a slipping of Daughter's grades, her self-esteem plummetting, and her not having any time for social activities with her peers.
3. Son is being 'punished' for poor school performance by being prevented from seeing Father. Son also has no free social time, as all time he is not at school is said by mother to be spent at home with chores or homework.
4. Daughter states she is afraid of angering mother, and will not question or challenge her. Daughter has told Father she wants to live with him, but fears the repercussions of Mother.
Over the last 10 years, Father has watched his 'visitation' with his children be slowly chipped away. Father spent over $50k during and after divorce to prevent visitation reductions by mother. Father is now remarried w/ 2 additional children.
Very Jaded by the MA probate court system, Father wants to do what he can for his children, but is hesitant because of the outcome of issues he's dealt with in the probate court.
Does the information above about the children constitute a significant change in circumstances? Father has always wanted to spend more time with his children, and to have custody, but did not fight mother excessively on the topic, because of the collateral emotional damage to the children any time a court-action was active.
There is much more to the story (isn't there always?), and I'm happy to answer questions to clarify the situation...

), and I'm happy to answer questions to clarify the situation...
