Legal Question in Family Law in Massachusetts
Concerns about visitation
I am concerned about by daughters visitations with her father. Here are the major issues
He moved out of state (Massachusetts) last year, with no forewarning, and had no contact for 10 months. No letters, no phone conversations. He suddenly moved back and is staying with his aunt in a household I find unacceptable for my 8 year old daughter. His aunt is ok, but she has three children that live with her. Between the three children they have six children all born out of wedlock Three of them have removed by DSS. I don't want my daughter staying there. Do I have the right to refuse? I have physical custody and we both have joint custody. We haven't followed the visitation schedule for years, because it doesn't work for either of us.
His family horrifies me and his lax attitude conserns me. Are there general guidelines for visitation. If so, where can I find them.
Do I have to go to court to settle these issues or can I have a new visitation schedule with stricter rules drawn up. Are there other options?
Thank You in advance for any advice.
1 Answer from Attorneys
Re: Concerns about visitation
1.Any changes in visitation schedule and visitation conditions that are negotiated between you would be unenforceable, UNLESS you enter into an agreement, file a complaint for modification of the existing decree/judgment/order, and ask to court to enter the changes.
2. Lax attitudes by themselves are not a problem; the relocation, the lack of contacts, and conditions adverse to the children are all relevant.
3. You should have kept a diary, and should continue to keep a diary detailing both the events, the participants, the dates, and what happened;
4. The longer you wait before you take action, the less likely the court is to view your complaints seriously;
and should you have any questions, you may contact me by email or by phone.
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