Legal Question in Family Law in Massachusetts
fathers visition rights
i have two girl 1yr and 6yrs.The father has visitation rights for over nights on weekend.My question is the day he took the kids one of them was very sick ,i booked a doctors appointment for little one to be seen.The father didd no call no show at the doctors a office.We suppose to to back to court in three months how can i prove to judge that hes neglcting the kids medicall.am worried about my kids in case they were very very sick nad he does the same thing?
1 Answer from Attorneys
Re: fathers visition rights
This instance should be brought tot he judge's attention. A record from the doctor's office that there was an appointment and a "no show" might not prove more than a single instance of neglect, but it will be a pointer. If father can care for the kids when sick, he gets visitation -- if he can't, the judge may say that next time, you keep the kid home or take her to the appointment. Father should be ordered to keep all medical appointments scheduled for emergent issues, even when during his time (THIS WOULD QUALIFY).
Obviously, I hope, this does not give you the right to schedule a regular physical during father's visitation. However, he needs to face the choice: he fully cares for a sick kid on visitation, or he re-arranges his time so that YOU can. if he's a good father, he'll do the former, in my opinion.
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