Legal Question in Family Law in Massachusetts

Contempt question

Hi,

If I bring my ex into court for contempt related to issues with his frustrating my visitation, is it within the judge's purview during a contempt proceeding to change custody (from sole physical to joint physical, for example? Or is a judge required to hold a full-blown trial for such a decision to be made?

Thanks.


Asked on 12/30/08, 6:58 am

2 Answers from Attorneys
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Contempt question

This is not the type of change that is likely on a visitation contempt, at least not the first time through. If you believe custody should be altered, you should file a Complaint for Modification. You should be prepared to seek and obtain a Guardian ad Litem investigation, which is likely to cost you several thousand dollars. You should engage an attorney to help with this situation.

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Answered on 12/30/08, 7:29 am
Andy P. Miller Law Office of Andy P. Miller

Re: Contempt question

The judge must hear the matter before him or her. If you are not bringing up any issues relating custody then he or she will not likely have any reason to change who has legal or physical custody. If the other side files their own complaint regarding custody then the court may hear both matters at the same time.

However you should note that a judge can make a change to custody without having a "full blown" trial by issuing a temporary order.

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Answered on 1/05/09, 4:46 pm


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