Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

Is is legal in Massachusetts for a non-custodial parent to…

Customer Question
Is is legal in...

Is is legal in Massachusetts for a non-custodial parent to take his 14 year old daughter from school without permission or notification to the custodial parent, on a week when he does not have court-approved visitation rights?

Lawyer's Assistant: What steps has he taken? Has he filed any papers in MA family court?

No. The parents are already divorced, full custody awarded to the mother. The mother went after school to pick up her daughter as usual, at the school appointed time to relase children to their parents, but the father had already driven up and told the school he was taking the daughter, which he did. The school didn't know better and gave him the daughter. The daughter went to the fathers home. the mother called the local police about it but they refused to do anything or get involved, saying it was a court matter,

Lawyer's Assistant: Have they talked to a lawyer about this yet?

The mother's lawyer has filed in court against the father for many such issues of the father breaking court orders. The court has said they would hear all issues and counter claims in mid April. Does the full-custody mother have no recourse until then from the father simply taking their daughter whenever he wants?

Submitted: 1 month ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 1 minute by:
3/19/2018
Family Lawyer: Nisha Jones,
 replied 1 month ago
Nisha Jones
Category: Family Law
Satisfied Customers: 2,598
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good afternoon, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

Ask Your Own Family Law Question
Family Lawyer: Nisha Jones,
 replied 1 month ago

Sorry for the delay. Your question was locked last night for some reason, preventing me from typing a response to you.

Is there a custody order already in place?

If so, no the other parent cannot take the child without the custodial parent's permission.

The police can and should enforce any existing court order if he is in violation of the terms of custody or visitation.

If however there is not a court order on custody, and this court date will be the first petition for a custody order, then yes there unfortunately is not much the police can do in that circumstance, without a court order, since he is a biological parent.

If this parent would like the representation of an attorney to help in this upcoming custody case, they can contact the Massachusetts State Bar for a referral to custody lawyer in the area.

The phone number is:

(866) MASS-LRS

I hope that helps!

Please let me know if you have any other questions about this. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

Ask Your Own Family Law Question
Family Lawyer: Nisha Jones,
 replied 1 month ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

Ask Your Own Family Law Question
Was this answer helpful?
Ask Nisha Jones Your Own Question
Nisha Jones
Nisha Jones
Nisha Jones
Category: Family Law
Satisfied Customers: 2,598
2,598 Satisfied Customers
Experience: Managing Attorney at Nisha Jones Law, LLC

Nisha Jones is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
Visitation rites of grandparent. Utah. Grand son's in
Visitation rites of grandparent JA: What steps have been taken? Have any papers been filed in family court? Customer: No JA: Family law varies by state. What state are you in? Customer: Utah JA: Anyth… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
Is being late returning from visitation a grounds to take
is being late returning from visitation a grounds to take back to court to change custody? Also second question - what about being late to school?… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
If a grandparent has visitation rights (not legal) but
Good Afternoon, If a grandparent has visitation rights (not legal) but suspects abuse, are they legally allowed to take the grandchild to a doctor? Thanks in advance.… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,837 satisfied customers
My daughter will not let me visit with my granddaughter.
My daughter will not let me visit with my granddaughter. … read more
Bill Attorney
Bill Attorney
law
2,010 satisfied customers
Do grandparents have legal visitation rights in georgia if
do grandparents have legal visitation rights in georgia if they have guardianship of their mentally disabled child thats the parent of the child … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Can the birth father file for visitation in a county he
Can the birth father file for visitation in a county he resides in and not the county the child and birth mothet … read more
N.Brown ESQ
N.Brown ESQ
Juris Doctorate
76 satisfied customers
The mother of my daughter has refused me visitation time
The mother of my daughter has refused me visitation time until we go to court we were never married. She states I can only see her in her home but the home she is in is hostile and the mother has stat… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
Need help with custody and visitation. Have received papers
No, have received papers to go to mediation for child custody and visitation, from babys Mama … read more
Michael Bradley
Michael Bradley
JD
1,371 satisfied customers
Im noncustodial mother with overnight visitation rights that
Im noncustodial mother with overnight visitation rights that since final trial ended my visitations haven't been met. The reason keepers on changing till couple months ago stating I'm not falling orde… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,217 satisfied customers
Is it legal for mother to visit Child at Daycare or school
Is it legal for mother to visit Child at Daycare or school during dad”s custodial time? I haven't seen my son for 4 days and I really miss him. I planned to see him briefly and give him a toy. Would i… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
792 satisfied customers
My grand daughter was visiting other grand mother,her
My grand daughter was visiting other grand mother,her daughter is deserved. My son got picked up on a warrant, judge in Ohio gave me temp custody and other grand mother in every refused to give her ba… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,079 satisfied customers
Clarification please.... CUSTODY AND VISITATION: AS TO
Clarification please....CUSTODY AND VISITATION: AS TO PHYSICAL CUSTODY: During the academic year, Respondent shall have primary physical custody of the minor children subject to Petitioner having the … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My Grandchild was removed from his biological parent's at
My Grandchild was removed from his biological parent's at the age of 5 weeks old and they still do not have him back. We are the paternal Grandparents and would like to find out why he has not been re… read more
Sue
Sue
Juris Doctorate
383 satisfied customers
Do grandparents have visitation rights the mother and her
Do grandparents have visitation rights the mother and her daughter lived with us for 4 years and also the 3 year old who is our biological? … read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
792 satisfied customers
Was just wondering the specifics of visitation at mothers
Was just wondering the specifics of visitation at mothers discretion … read more
FamilyAttorney
FamilyAttorney
Appellate attorney & former trial lawyer
JD
1,459 satisfied customers
Does a gran mother have the right for visitation with gran
Does a gran mother have the right for visitation with gran sons? … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
If the biological parents can't get custody of their child,
If the biological parents can't get custody of their child, whom is next to get their child?… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,337 satisfied customers
If you are the biological parent no pending or prior to cos
If you are the biological parent no pending or prior to cos case can a judge app a public defender to represent your minor child without your knowledge in texas … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,079 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x