Legal Question in Family Law in Massachusetts

age on visitation

I have a 12 year old son. I have court ordered visitation. My son's mother told my son that if he doesn't want to come over on his visitation days he does not have to because he is old enough to make his own choices. He choices to spend more time with his grandfather who gives no disipline to my son. EX. He doesn't have to shower or brush his teeth there, he eats pizza everyday, and he is allowed to stay up as late as he wants even when his grandfather goes to bed. We have a great relationship but I will not allow these things to happen when he is with me. Is he at an age where he can decide to come over or does visitation stay in effect as long as he's a minor? Any information would be greatly appreciated. I do intend to go to court to persue this matter but any help I can get prior will help with which course of action I take.

Thank you,

--name removed--Sanzo


Asked on 1/05/05, 5:22 pm

2 Answers from Attorneys
Joseph Murray Joseph M. Murray, Esq.

Re: age on visitation

Depending on the wording of the Divorce Judgment with respect to your visitation right, your ex-wife may be held in contempt of that order if she does not comply with it, or, in fact, impedes those rights. Contact a lawyer to try to negotiate with her lawyer and failing that to file a Complaint for Contempt as appropriate.

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Answered on 1/06/05, 1:47 pm

Re: age on visitation

The age of 12 is not an appropriate age to allow a child to decide with whom, when and where they will spend their time. Your ex has an obligation to abide by the custody and visitation order; failure to do so could have her held in contempt of court. Also, if your ex is allowing your son to engage in dangerous, self-destructive behavior, or is not tending to the boy's hygiene, health and safety, her fitness as a parent may be questionable.

Feel free to e-mail or call my office if you wish to discuss further.

(978) 250-4255

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Answered on 1/05/05, 5:35 pm


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