Legal Question in Family Law in Massachusetts
father has relocated to be near us
I left my ex when I was pregnant and moved 1500 miles away. He served me and we have a visitation order out of MA (my home). He never showed up for any of the several court dates (they gave him many chances). The judge awarded me sole physical and legal and said that visitation was only when I deemed it ''reasonable.''
For over 2 years he has made 3 visitation requests. I have said yes to each giving him 1 hour supervised each time. One of those times he cancelled less than 24 hours prior. So, he has visited 2 times in over 2 years.
He has recently moved very close to us, within a half hour. He very much enjoys stirring up trouble so I have a feeling he will be taking me to court soon to change the visitation agreement. (thru his attny he has already asked me to change it ).
If he takes me to court will a judge most likely change the agreement to set up a more regular schedule? or will the judge see his inconsistencies, note that he has only visited 2 times in 2 years (when he was permitted to visit whenever he would like - i never said no) and dismiss the case? Is this a substantial change in circumstances even though it's simply a location, seeing that he was able to visit whenever he felt like flyingup?
2 Answers from Attorneys
Re: father has relocated to be near us
The judge is not by any means going to dismiss this matter. The relocation of your ex is certainly grounds to review the visitation order, and to regularize his contact with his child or children. So long as he is not violent or otherwise unfit, he is going to get regularized visitation. It may not happen all at once -- an extended absence often calls for a somewhat period of "ramping up" the visitation -- but he is likely to get court orders allowing his contact and visitation.
You might do well to consider the cost of flights and taking time in his "inconsistent" visitation. You might also want to consider whether he has "grown up" some and come to realize the full importance of the child or children he has fathered. again, assuming that he is not stalking you, not violent, etc., it is possible that he is trying to make up for lost time. He has a lot of work ahead of him, if this perspective is at all valid -- and the courts want him to have the chance to do that work.
I or any of the other qualified attorneys here would be happy to give you a private consultation which would flesh out the facts and allow a more personalized and informed approach.
Re: father has relocated to be near us
The court is reluctant to keep a child away from their parent. Under these facts, the court may be cautious and set certain conditions or preconditions for extending or offering visits.
If you need assistance, contact me.
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