Legal Question in Family Law in Massachusetts
I am and have been the legal custodian of both minor children since the divorce. The x-wif has visitation every other weekend wich runs into monday and return Tuesday after school. The following week she has visitation 8:00am - 7:30pm on Tuesday and Wednesdays. The divorse has been finalized after four years of litiogation and being finalised in December of 2007. The minor children are currently 14 (5-27-97) and 16 (3-23-95) and both boys. the boys and I live in Massachusetts while they both attend Palmer High School as a junior and a freshman. There mother lives in CT. I want to know what i need to do in order for the boys to cease the visitations during the week days. I still want them to retain a conection with there mother which they do not want to by keeping her visitations every other weekend but returning home either sunday night at 8:00pm or Monday after school. Neither of the boys want to go on visitations with mother and haven't for several years but i have tried to encourage to maintain this relationship. There mother has not relationship with either child and as an example: will text them to come down stairs to receive there dinner to only retreat to there rooms back upstairs. doesn't participate in there active lives. I'v been taken to court by there mother ordering me to sign a pasport document and was made to pay her lwayer's fees for taking me to court. In addition I've never taken there mother back to court for any increase in child support while i pay for EVERYTHING they participate in. I have been told child support increases as does there age. Please answer:
1. What do i need to do in order for the boys to stop the visitation during week days and or at all (is what they want)?
2. Of what age do they have the ability to decide for themself where they want to live?
3. Should my child support have been icreasing with there ages?
2 Answers from Attorneys
You should file a Complaint for Modification. In the Complaint for Modification you can ask that the visitation schedule be modified. However, the child support guidelines changed in 2009. You can get a guidelines worksheet at Mass.gov/DOR to figure out what the child support would be for the 2 children.
If you are looking for a change in your current custody or visitation arrangement, you need to file a Complaint for Modification. If you and the mother can agree, it will be much easier and cheaper for you. At the same time, you can ask that the court also modify any current order of child support. There is no clear answer on how old a child must be before their preference for living arrangements is considered by the court. A judge may allow a teenager to be heard with regard to his or her preference, but there is no hard or fast rule. A court is bound to do what is in the best interest of the child, based on the information presented. If you would like to speak to an attorney about bringing a modficiation, please call us at 617-357-4898.
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