Excuses Used By Judges
To Take Away Custody From Fathers
This is illegal and an excuse CREATED by their temporary orders
Recently the U.S. Supreme Court has
held that states can not hide behind immunity any longer for constitutional
violations that they create. That is exactly what they are doing here. Also the
Rooker-Feldman Doctrine has been smashed, which was always used as the reason to
throw family court cases out of federal court.
"The parties shall have joint legal custody..."
"The Wife shall have sole physical custody..."
Regarding both legal and physical custody, the conclusion of Law by the judge
cited GL 208, 31 and further cited:
"when determining child custody awards in general...the guiding principle
always has been the best interests of the child." Matta v Matta, 44 Mass. App.
Ct. 946, 947 (1998) citing Ardizoni v Raymond, 40 Mass. App. Ct. 73,4 738
(1996); Rolde v. Rolde, 23 Mass. App. Ct. 398, 402 (1981)
"It is in the 'best interests of the child' to preserve the current placement
with a parent, if it is a satisfactory one, and stability and continuity with
the child's primary caregiver is itself an important factor in a child's
successful upbringing." Custody of Kali, 439 Mass. 834, 842 (2003)
The court should not "rearrange a child's living arrangements in an attempt to
achieve some optimum from all available permutations and combinations of custody
and visitation, when it is generally wiser and safer not to meddle in
arrangements that are already serving the child's needs." Custody of Kali, 439
Mass. at 842.
"In making an order or judgment relative to the custody of children, the rights
of the parents shall, in the absence of misconduct, be held to be equal, and the
happiness and welfare of the children shall determine their custody. When
considering the happiness and welfare of the child, the court shall consider
whether or not the child's present or past living conditions adversely affect
his physical, mental, moral or emotional health." GL 208, 31