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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: 6 months ago.Category: Family Law
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Answered in 1 minute by:
3/19/2018
Family Lawyer: Nisha Jones,
 replied 6 months ago
Nisha Jones
Category: Family Law
Satisfied Customers: 3,490
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!

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Family Lawyer: Nisha Jones,
 replied 6 months 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!

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Family Lawyer: Nisha Jones,
 replied 6 months 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!

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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.

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