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?
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?
Custody and Visitation Issues: Mother Wants Child to Move Away from Dad
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