Unfair Judge

[Can'tSeemToWin]

http://www.mass.gov/legis/laws/mgl/208-30.htm


I think the important thing to note here is the wording "over whose custody and maintenance a probate court has jurisdiction of" not whether or not the parents were married at time of birth.

I understand what you are saying but, it does say divorced parents. That is why he didn't file anything, his lawyer said he didn't have to. The thing is that my husband had custody until this guardianship thing came about and now he has lost it and we are not sure why. The daughter is living with the grandmother and doesnt want to live with the mother either. So if neither parent is unfit, how can he allow the child to stay with the grandmother? Shouldn't she have to go with either the father or the mother?

I should add that Mother is in FL, Grandmother is in MA, and father is in NC

 

[haiku]

I don't think it much matters if the parents were married or not once the child is under the jurisdiction of massachusetts per a custody order.

Once a child is under a court order as a resident of the commonwealth, the commonwealth retains juridiction, and as noted in the papragraph children 'of a certain age" can decide for themselves whether or not they want to continue living in the commonwealth. And the court will tale those wishes into consideration. obviously this judge is considering the wishes of the child under his juridiction.

 

[Can'tSeemToWin]

I don't think it much matters if the parents were married or not once the child is under the jurisdiction of massachusetts per a custody order.

Once a child is under a court order as a resident of the commonwealth, the commonwealth retains juridiction, and as noted in the papragraph children 'of a certain age" can decide for themselves whether or not they want to continue living in the commonwealth. And the court will tale those wishes into consideration. obviously this judge is considering the wishes of the child under his juridiction.

OK and that part I understand, the only part I don't understand is how he can do then when both biological parents live out of state and neither have been deemed unfit. (Sorry if it sounds like I'm being sarcastic, I am just so confused, looking for answers, not trying to cause problems)

 

[haiku]

OK and that part I understand, the only part I don't understand is how he can do then when both biological parents live out of state and neither have been deemed unfit. (Sorry if it sounds like I'm being sarcastic, I am just so confused, looking for answers, not trying to cause problems)

I know, I am just trying to offer a possible reason for you to explore.

You see, the only way ma. will let a child of a certain age leave thier jurisdiction is if the child wants to go,or is posing no argument not to.

Even though both parents live out of state, the child cannot leave the state without court permission.

Due to the fact the child is a teenager,The judge may see the kid finishing out high school with grandma in massachusetts as a viable solution.

The judge may feel this is a better solution than giving up jurisdiction to Fl. or NC. and ending up with a runaway.

 

[Can'tSeemToWin]

Thank you, I understand what you are saying, if the judge would have just given us the opportunity to present our eveidence he would see it is not a good place for her. She has missed 14 days of school and has been late 8 times, this isn't counting any snow days that they have had. She is getting A's and B's but she went from college prep courses to regular courses. We have MCAS scores from the 2 schools she has attended and you can tell why she's doing so well the school is a joke. my husband went to that school when he was younger and said he got a C one quarter in a class he never attended because someone else sat in his chair.

I just don't think it's right for this to happen.. when I was younger I didn't have a choice if I wanted to move or not.

The ironic part of this whole thing is that the child is the one who said she wanted to move, now all of this, and my husband has lost his daughter.

One other question, the court ordered her to come and visit this weekend. In MA starting on Friday after school it is spring break, the judge ordered her to come down to NC for 3 nights, we have to provide the airline ticket (not a problem, we want to see her) BUT, the only thing is, it was almost impossibe to find a flight. We did eventually find one, the only thing is that is have a layover in Philidelphia on the way down, and one in Baltimore on the way back. This is something that is beyond our control, so we booked the flights. All other flights were 4 or 5 stops and switching different airlines, this one is just switching planes with the same carrier. Anyway, we had to email the itinerary to the grandmother, and the mother emailed my husband back and said that this is unacceptable and that she wants a non-stop flight. Well unfortunately, there weren't any, everyone is going on vacation. So she said she was going to call the court and have them make us change this. She stated that "after all she is only a 15 year old child" This blows me away, she is only 15 and can't change planes but she is old enough to pitch a fit about wanting to move to NC. Can the mother make this be changed?

 

[Zephyr]

I don't think she has time to change it and even if she did, it seems as if you guys did search to get the flight with the least hassle for the child, if non-stop is not available it is just not available, you may want to coordinate with the airline to have someone guide the child from one plane to the next, if you haven't already. I was flying by myself at 12 with stops and had no problem, but it is overwhelming.

 

[Can'tSeemToWin]

I have called the airline and they said that if she asks they will guide her in the right direction, the mother wants someone to be right there watching her the whole time. She's just being difficult! I mean in all reality, unless you are flying you cannot go past security so they won't be there to watch her neither. She wants my husband to fly up to where his daughter has a layover and fly back with her. It just doesn't make sense.

 

[djohnson]

I was actually 8 when I started flying alone. In the early years people were there to help you, after a while I had it figured out. At her age, she needs to figure it out too. She can't be molly coddled her whole life.

 

[snostar]

Unless the court order specifically states the child must be on non-stop flights Gma is obligated to put the child on the plane. If Gma takes this to court she will probably get laughed at in the face (hopefully). And if she doesn't abide by the order I certainly hope your husband will be filing contempt charges.

 

[snostar]

Make sure you or your husband document ALL of these instances. Keep a log of dates, times, conversations, exchanges, ect. Write out now all that you can remember of past events that may used to your husband's benefit. This will be a useful referrence for future proceedings. Plus, it helps keep the memory fresh for impromptu appearance before the judge.

 

[Can'tSeemToWin]

Well right now we are waiting for his lawyer to call him back, or get back to him about this. It's just ridiculous. Hopefully they will get laughed at.

So there's nothing that we can do about the trial that we went up there for that never happened?

 

[snostar]

If there is no future court date set your husband needs to contact his attorney, find out why and possibly file a counter petition.

 

[Can'tSeemToWin]

We do have a date for a hearing on the 29th to see if my stepdaughter likes it, it's just funny that he's giving her 3 days to decide if she likes it.