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I have numerous records from the school that my ex has been keeping my child from school when it’s her week to have him. Just this year alone my son has had 15 unexcused days from school to unexcused days in school and 28 parties. He also has ADHD and she brought him to a new doctor and put them on new medication without my consent, even though I have joint legal custody. The apartment my ex resides and does not even have a bedroom for him, she places a bed between the kitchen and the living room, without a room all his own. She is constantly staying at other men’s house that she is “dating” and my son keeps staying at different men’s houses regularly. My son requires a stable routine environment due to his ADHD and I have concerns for my sons mental well-being because of all this moving around and going from one guy to another. At this time we have joint physical and joint legal custody, I’d like to know if with these facts I can get full physical custody of my child and require her to only have visitation rights, considering the lifestyle she is living and how it is affecting my son’s life. Please help me everyone I talked to pre-much says that the mother is going to get everything and that I just have to deal with it. There must be rights out there for a father, especially when he is obviously the right choice for the child to live with.

 

ANSWER:

Yes, you certainly have a case with the fact that you’ve presented to me. In Family Court the main concern is always the well-being of the child, not that of the parents. In this situation you are describing an unfit mother, who simply does not care about the well-being of her child and is constantly placing him in situations which are not a stable healthy environment for a child. The simple fact that she continually has him missing school, being tardy and simply does not seem that she cares about the education of her child is a huge issue. Another issue is the simple fact that she keeps bringing different men into this child’s house and actually having your child sleep at other men’s houses, this is completely unacceptable. At this case was handled by my law firm we would strip all of the mothers rights to physical custody and only allow her visitation. Furthermore the simple fact that she change doctors and had the medication of your child changed without your consent, considering you have joint legal custody, she is in violation of a court order or in other words she is in contempt of court. I would bring this matter to the court and I would also force her to pay the legal fees due to the simple fact that she’s in contempt based on her unilaterally making health care decisions for your child.
Joseph F. Botelho, Esq.

BOTELHO LAW GROUP
Attorneys At Law

901 Eastern Ave.
Unit 2
Fall River, MA 02723

Office:  888-269-0688

Email: jbotelho@botelholawgroup.com

https://www.botelholawgroup.com/

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