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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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I need help in a custody case. Ex is not abiding by

Customer Question

I need help in a custody case. Ex is not abiding by origional agreement. I have been trying to get custody back for almost 5 years. I believe my son is living in an unhealthy enviroment. I had hired a lawyer a couple years ago and nothing happened. I just need to know if I get another lawyer its not gonna be a waste. So much has changed in 5 years with this case but nobody seems to help me. I live in MA and my ex and son live 2 hours away in NH. Original case for divorce and custody was out of NH I can't even begin to describe the difficulty with my case in just a small paragraph.
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

But I need some clarification.

Please tell me

1 - There is a court order to the Father for custody and you are to have visitation?

2 - And you have filed Contempt of court on him not following the Court order allowing you visitations?

3 - And the court just does not care that he is not following the Order?

4 - When is the last time you saw your son, please?

Customer: replied 1 year ago.
1. Yes. He goes to school with his father and I see him weekends and vacations.
2. I have filed contempt paperwork a couple times and every time the court says you must get reliable transportation because the order he isn't following is that we meet half way to share the driving. Where as right now I drive 2 hours up to pick him up and bring him home with me. Then day and a half later the same drive. I spend 8-9 hours with him in a car.
3. Apparently because they don't feel my son is in immediate danger according to them so they don't care about the order.
4. I just saw him last weekend. Things haven't been horrible because I'm doing all the driving for the past 2 years, his father isn't upset. But as it has happened in the past if I file court paperwork he knows and then he won't answer his phone or door to let me pick him up. There was times before I went 3 months without any word from him or saw my son. I tried calling the police and they just can't handle the stuff. Because technically his father has custody I'm just out of luck.It's not only the agreement itself by I'm very unhappy about the living conditions in his fathers apt. He's like a horder. Tyler (my son) doesn't even really have his own bedroom anymore. He's got toys, clothes that don't fit him all over th floor and his mattress is up against the wall with stuff on top of it. Pretty sure he sleeps with his father. My son is 11 and in 6th grade. I don't feel this is appropriate at all
Expert:  Samuel II replied 1 year ago.

Hello

Thank you. I see. Well, if the transportation is the issue, the court is correct. I suggest you can file a Modification and see if you can have your son for longer visits - But I doubt they will change the transportation portion because they will not put that all on the Father. It is a give and take and shared responsibility.

The Police will never get involved because it is not a criminal action. It is civil and must be handled in the courts.

I suggest a Modification where the visits are changed say from whatever it is now to either full custody to you or a situation where you have him on his holidays so that the transportation is not so strenuous on you and him - as to the time spent in the car.

Expert:  Samuel II replied 1 year ago.

You may also want to consider Mediation to help with establishing a more convenient visitation schedule.

Expert:  Samuel II replied 1 year ago.

I wish there was more information to provide you in this regard. But if the issue is transportation, and that is your responsibility to meet half way, those are your options.

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