Legal Question in Family Law in Massachusetts
Father's visitation rights
My friend has been divorced over 5 years. He and his ex-wife had a child in the state of Texas. The ex-wife left the state with the child and moved to Massachusetts, where she then obtained a divorce.
My friend got a job transfer to NY where he currently resides. His ex did start allowing him to send cards/presents (PO box) and e-mail to his daughter but abruptly cut that off when he politely asked about visiting.
He does not know where the address of his ex, but does know where her family is.
There were never any abuse or protective custody issues. Child support has always been taken out from his pay.
1) What are his options?
2) Did his wife break the law?
3) Is there any penalty the courts could enforce on her for this kind of negligence?
4) After he gets an attorney and is heard in court can he sue the ex for the costs of the attorneys, or anything for the years she has stolen from him?
2 Answers from Attorneys
Re: Father's visitation rights
Much depends on the circumstances of the divorce - vis a vie custody and visitation issues. As a general rule, where a non-custodial parent has visitation, the custodial parent cannot move out of the area of visitation without judicial consent or consent of the custodial parent.Under those circumstances the custodial parent would be violating visitation. Best of luck!
Re: Father's visitation rights
Visitaiton is a right, both of the non-custodial parent (NCP)and of the child.
Your friend did not do himself any favors by waiting five years to enforce his rights. Is he paying child support?
Suggest he consult with an experienced Family Law attorney ASAP.
For more information, please see my web site.
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