Legal Question in Family Law in Massachusetts
My Girlfriends daughter is having a tonsillectomy tomorrow and has asked both her mother and father if she can stay with her mother during the first recovery week. She’s made it clear that she wants to be with Mom during this time and doesn’t want to be driving back and forth when she’s in pain. My girlfriend has agreed to allow her to stay and has even offered a mutual swap to the father so that he doesn’t loose out on time. He is disagreeing and is threatening to take her to court for contempt if she doesn’t stick to the custody agreement during this time. Who is right and who is wrong? What can be done for her daughter so that she’s able to be comfortable?
1 Answer from Attorneys
The father of the child is correct. Assuming that the father has a court order for parenting time, then the court order must be followed unless the parties agree otherwise. However, just because he is correct, it doesn't mean that a court will do anything in a contempt. A judge could concluded that it is an isolated matter and choose to ignore the situation. Or, the Judge could find the mother in contempt, order additional parenting time for Father and make Mother pay his court costs and maybe attorney fees.
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