Does Anyone Know What Happens in a Modification for Custody Hearing in Massachusetts?

Question by Grandma Carol: Does anyone know what happens in a Modification for Custody Hearing in Massachusetts?
I am going in a few days for a Modification of Custody hearing. Will the Judge assign a GAL that day? The party who has custody is a very heavy daily weed smoker and with the severe change in personality and new live in girlfriend may be using stronger drugs? Will a Judge give a drug test for heavy daily weed smoking in the home where the children reside ( 8 & 9 yrs old). Neither child has been to dr or dentist after school nurse advised it quite a few occasions. They have FREE MEDICAL COVERAGE 100% FREE NO CO PAY and FREE PRESCRIPTIONS (on Mass Health.). Party does not work so not a matter of time. They went to dr only after party was served with papers.Never been to any school activities, conferences school is a 5 min walk and party does not work, has lots of people in and out of house kids have commented hard to sleep cause of all the people and loud music. What will happen ?? anyone been through this, or anyone with a LEGAL BACKGROUND or a GAL background. PLease any help will be appreciated. Thanks!!
Party filing does not have a lawyer and can not afford one. If you ask a Judge she will not have all parties submit to a drug test? I know they have evidence via facebook the party with custody saying how they are always smoking and drinking…female who lives with CAN NOT see or speak with her children (big red flag). Wouldn’t a GAL ask the school all the stuff being accused of lack of interest and support in education, lack of medical and dental and huge change in personality. Party with custody also violated visitation order on several occasions. Children (8 and 9) they want to return home to live with their 6 yr old sibling. Sad that party has no lawyer nor can afford one lives pay check to paycheck and credit is not great. If an accusation is made and have Documentation via face book of daily heavy smoking and partying all hours of the night is that not enough for a judge to ask for a drug test? Party is very concerned other drugs an issue huge personality change and they h

Best answer:

Answer by LovesTheConstitution
You left out the most important information: What did the attorney advise the person who is filing the modification? That answer is, by far, more important and accurate than the guesses from strangers online.

IF…and that is an important “if”…the movant has a good attorney and can present proof of the things you allege and can prove that it is in the child’s best interest to award custody to the movant, the court will probably award custody to the movant.

If the movant is pro se and wants the court to take into account various “facts” which are inadmissible, the movant will not win anything.

Know better? Leave your own answer in the comments!

 


 

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From Twitter:

RT @ACLU_Mass: RT @ACLU_Mass: “Illicit drug use is a form of domestic terrorism to some extent,” Says Massachusetts Police Chief http://t.co/SEw8aCDz – by the_tadams (Tyler aka TADAMS™)

From Twitter:

RT @ACLU_Mass: RT @ACLU_Mass: “Illicit drug use is a form of domestic terrorism to some extent,” Says Massachusetts Police Chief http://t.co/SEw8aCDz – by fabricdragon (kirsten houseknecht)

From Twitter:

RT @ACLU_Mass: RT @ACLU_Mass: “Illicit drug use is a form of domestic terrorism to some extent,” Says Massachusetts Police Chief http://t.co/SEw8aCDz – by maximus_freeman (Max)