Care and Protection of Vijay., 24-P-0619

The case involves the care and protection of Vijay, following a Juvenile Court finding that the father was unfit due to untreated mental illness and granting permanent physical custody to the mother.
The father has a history of untreated mental health conditions, including paranoia and delusional thinking, which influenced his parenting and led to repeated, unsubstantiated allegations of sexual abuse against the mother's husband.
The father's paranoia caused unnecessary medical interventions for Vijay, frequent claims of abuse, and interference with Vijay's sense of reality.
Vijay experienced a lack of housing stability, excessive school absences, and was not provided recommended therapy while in the father's care.
The mother, despite prior substance use issues, was found to have created a stable environment for Vijay in Virginia, with the child engaged in school, therapy, and family life.
The Department of Children and Families supported the mother's custody at trial, and the father's challenge focused on both his own unfitness determination and the mother's fitness.

Issue	Father's Argument	Mother's Argument / Dept.	Held
Unfitness of the Father	Findings lacked clear support; no nexus between mental illness and harm to child	Untreated mental illness impaired ability to parent	Sufficient evidence of unfitness; finding affirmed
Corroboration of Abuse Allegations	There was some evidence of abuse	No credible evidence of abuse	No corroboration; allegations due to father's illness
Housing Stability	Judge erred; he eventually had stable housing	History of instability; father homeless when found unfit	Any error was harmless; instability supported unfitness
Fitness of the Mother	She was unfit; recent challenges	Vijay was thriving in her care	Record supported current fitness; custody affirmed

Custody of a Minor, 392 Mass. 719 (standard of proof for parental unfitness in care and protection cases)
Mason v. Coleman, 447 Mass. 177 (appellate review standard for factual findings in child custody)
Custody of Eleanor, 414 Mass. 795 (court's discretion in weighing evidence and fact finding in child custody)
Adoption of Frederick, 405 Mass. 1 (mental illness is relevant only as it affects parenting capacity)
Smith v. Jones, 69 Mass. App. Ct. 400 (appellate deference to trial judge's findings in best interests of child)
Adoption of Nancy, 443 Mass. 512 (trial judge’s discretion to weigh credibility in child protection matters)