Legal Question in Family Law in Massachusetts

I live in MA and my divorce agreement is that we have joint legal custody of our son with a shared parenting schedule. The schedule is ridiculous and does not work, but the court insisted that it was working simply b/c we had to make it work. The schedule changes every other week - I have my son 8 days out of 14. When with me, my son attends daycare at a facility in my town, When he is with his father he is in another daycare that is neither in the town that he resides or works. The divorce agreemnet states that everythig will be revisited when my son goes to Kindergarten. Muy son goes to school Fall 2011. Currently I reside about an hour away from my ex. It has not been decided where my son will go to school. We are not in agreement. I want my son to go to school where I am- he wants him with. I also feel that the visitaion schedle needs to be modified since I do not believe going back and forth is in the best intrest of my son when in school. I don't know where to start though. I do not know my options. I am struggling financially and cannot afford a legal battle. I know I can hire an attorney to deal with this, but I do not think I can afford this. Where can I start?


Asked on 9/30/10, 8:28 am

1 Answer from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

I'm not entirely sure whether you are looking to change the parenting schedule now or when your son goes to school in the Fall of 2011. If you are looking to modify a parenting/visitation schedule, you will need to demonstrate a change in circumstances which would warrant a modification. Beginning kindergarten in 2011 would be just such a change, but you may be experiencing some sort of change now which would warrant modification.

If so, you will need to file a complaint for modification, and allege a change in circumstances. Good luck, and let my office know if you would like to speak with an attorney regarding your situation.

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Answered on 10/05/10, 8:44 am


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