Can I negotiate to give my spouse custody in exchange for no child support?
Massachusetts you are not able to legally waive custody in exchange for child support in almost all cases. There is an exception if there is an adoption by a step-parent. Generally, child support considers the child not the parents. In addition, custody is support it is supposed to be in the best of the child rather than the parent’s negotiating aspects of it. So, the Court does not want to trade custody for child support.
If I had some problems years ago and a grandparent has custody, but now I have resolved my issues from years ago, how do I seek custody back?
Cases are all unique and it all depends on the circumstances of the case. However, if your parental rights have not been terminated; which is generally not the case in most guardianships, you can file a Petition to Vacate the Guardianship, but you will have to show some evidence of the changes. However, even if the guardian has done a good job with the child, there is a constitutional protective right that parents have and so long as you are able to show that you are currently fit, you may be able to vacate the guardianship.
If a Court Order in a divorce gave mother custody and I petition the Court and got custody and a Modification, do I automatically get to claim the children on the dependency exemption?
Generally, the answer is no. In a divorce agreement, the tax dependence exemption should be listed, and it is not necessarily related to who has custody, so you may need to file a Complaint for Modification regarding the dependency exemption as well.