My Brother is in the beginning of a divorce and has one child with his wife. He has not talked to her in 2 months because it is the only way he can make the break, but he also hasn't seen his son because of it. She just filed for divorce. My brother plans to see his son when the court makes it legal Is there anything she can do to stop him from seeing his son? Oh and we are in Mass
No, there is nothing she can do to keep him from seeing his child unless she can prove conclusively that he is a danger to the welfare of the child. I think he should be making an effort to see the child, however. You don't say how old the child is but he can ask for a third party exchange so he and the mother don't meet. When determining custody and parenting arrangements the court will want to know that both parents can cooperatively co-parent this child, and his not seeing the child will not be in his favor. He should have his lawyer contact her lawyer and arrange a temp visitation schedule.
Don't know the laws there- but he should go right away to domestics and have a visitation set up- he can go and at least pick up the child for a time period. I know it is hard to see the ex- but it's not that easy to not see the kid.
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