I am sole guardian for my special needs child. They have visitation with their father. He is not communicating within the guidelines set forth in court and not following our child's normal routines in certain areas regarding toileting and other self help areas. My main issue is communication. We have a communication log that he was allowed input on and was finalized. He decided that certain information is not necessary, so he's not providing it, without prior consultation with me. Is there a person/type of person I can request from the court that can oversee and mediate issues regarding communication and visitation issues as they come up. Clearly this is going to be an ongoing situation as our child will live with me for as long as possible.
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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The answers and information provided on this site are for informational purposes only and are NOT substitutes for professional legal advice. Before making legal decisions, you should discuss your specific circumstances with an attorney.
Guardian in MA Divorce Cases for Special Needs Children
First, has an attorney ad litem been appointed for your child ? An ad litem attorney is appointed by the Probate and Family Court in divorce, and other cases, to represent the interests of a child separate and apart from the interests of the parents, who may have their own attorneys. This is not done in all cases, but it is common in situations where the parents’ interests seem to be at odds with the best interests of the children, or when the children cannot express their own interests. If there is an ad litem attorney, then you could contact him or her and explain the situation. He or she may be willing to contact your ex-spouse and attempt to get him to comply with the Probate and Family Court’s order.
Since the details of this communication log were important enough for the Probate and Family Court to approve its form and require its use, then you have a contempt of court situation. You may make a motion for contempt to ask the Court to enforce its order. The Probate and Family Court may provide mediation at the courthouse (on the day of the hearing usually) after a contempt motion has been brought, but not before that.