Is my Brother being denied his Parental Rights?

[James Thomas Dad]

Massachusetts is where my brother resides. Joint legal custody, mother has physical custody. Parental agreement states child has split week with each parent (basically 50-50). This has been going on for years (at least 4). My brother is under investigation for a crime he did not commit since February 2005. The FBI investigated, interviewed, searched and seized, and there has been no action since February. His ex wife was privy to this because they interview her for the investigation. Since then thier daughter's schedule changed to spending all nights at Mother, and the usual days with my brother (after school with dinner, then back to Moms). Since it has been almost 4 months and there seems to be no apparent charges being broght forth, he would like to have his daughter stay over, and get the schedule back to normal. My question is, what is my brother's legal standing? How should he proceed if speaking directly to his ex is not productive.

[richiejay]

First and foremost, your brother needs a lawyer to see if he can get back some of the time.  I have dealt with the Massachusetts court system for the past 8 years.  Some of it is good...some not so good.  Unfortunately, it depends on which judge you get.  And money is always an issue.  Which part of Mass. is he from?

[James Thomas Dad]

He is from the western part of the state.

his ex beleive she could "lose her child" if it was discovered she allowed thier daughter to spend (overnight) with him, after he is charged with the crime.

It is a crime my brother did not commit, and he beleives there will be no charges.

I appreciate your help.

[4honor]

If the federal authorities are involved, there must have been some BIG allegations and whether true or not, they need dealt with. The child could be placed in the foster system if he is arrested/"detained" while the child is in his custody. If the allegations have to do with harming a child, then she would be negligent to allow the child to stay overnight. If it something else, like being suspected of terrorist activities, or racketeering, then it's a craps shoot.

He should get his lawyer on this to get a status report and see if they can get the charges resolved. (4 months is NOTHING in an investigation and if they have said nothing it is not necessarily bwecause nothing was found... it is usually because they are investigating background witnesses or following suspects.)

He is in limbo until they are done in most cases. Once cleared, he should begin (since it is summer and the child is no longer in school) taking his regular time - away from his home. After about 3 weeks of that, he has re-established his time with his child and it would take an act of congress to change it.

You did say he has a court order? Then he should be abiding by it. If you aren't home with the child on YOUR TIME, what can BM say about it? Just be home on time for transfer.

The fact he has let the child NOT stay overnight  FOR 4 MONTHS will hurt him, but to force it may push this into court while he is still at a disadvantage and under investigation.

[BelleMere]

order, then he needs to send her a certified letter to that effect, state that he will consider further actions on her part to be interference and will file police reports every time she doesn't meet the CO. Now, if it was just an agreement between them it's a different story - he's either going to have to take her to court or find some way to reassure her or work back to what he wants for visitation. I'd be curious to know if she changed the schedule based on some legal advice that she got - and, yes, it depends on the crime. If he's being investigated for, say, participating in a porn ring then she's doing the right thing. If it's just corporate embezzling, then perhaps not. If he's been cleared, he might be able to get someone in the FBI to vouch for that in a letter (altho I doubt it) for her.