Legal Question in Family Law in Massachusetts

Re: Forced Visitations

A modification can be filed asking for a change in visitation or suspension of the visitations, in that there has been a significant change in circumstance. That change being a change in the child's mental health and that the visitations are no longer in the child's best interest

Re: Forced Visitations

There are a lot of questions that I would have for the father and the mother. First, were they married? Are they divorced? The father and/or the mother can go back to Probate Court (with or without a lawyer, but preferably with) and attempt to change the Paternity. Since dad signed the birth cerificate and they were married, he is presumptively the father. At that point, he would have no rights to the child. Although he could argue for visitation.

Also, if there is a situation where the child is afraid to go with the the presumptive father, then mother can go back to court and request a change in custody and visitation.

Re: Forced Visitations

What busybody told the child that his legal father, who apparently seems to want to BE his father, is NOT his father?

I am sorry, but the child's problems seem to be caused by someone other than the legal father, the man who took responsibility for a child born into the marriage, regardless of the source of the DNA. The child's night terrors need to be addressed in counseling, as does the bad conduct of anyone who is demeaning a man who seems to be trying to do what is morally and legally right.

I have handled a few cases of this type -- a legal father by virtue of marriage and judgment of divorce who tried to bow out because his fiancee/second wife pressured him, and another guy who adopted a step-child and then tried to bow out in the divorce. neither succeeded, because the law held them accountable.

I have also known of more than one man who had good reason to doubt his genetic parentage, and REFUSED to bow out -- even though the courts allow only ONE last chance for a husband to do this, at the time of divorce. I like these guys a heck of a lot better than the guys who try to disown a child they chose to parent.

Certainly the court has to help make these visitations more productive and safer for the child, but somewhere along the line, someone OTHER that the father is going to have to stop whatever that person is doing and saying that worsens the situation.

Re: Forced Visitations

Unless there is a risk of physical harm, or history of harm, or some other factor that places the child at risk, none of which you have described, the court given that the father is stated to be the father, is unlikely to agree to the wishes of a 10 year old.