Legal Question in Family Law in Massachusetts

Rights?

I have sole legal and sole physical custody of my children. (He agreed to this arrangement.) However, my ex-husband does have some visitation.

He now wants to change his visitation because it would be more convenient for him.

Since he has no custody rights (legal or otherwise) would a court consider any modification of the agreement from him?


Asked on 8/22/08, 4:15 pm

2 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: Rights?

Depending on the age of the children and the history of visitation, a court would consider a modification if it is in the best interests of the children, and there has been a change of circumstances.

If you have any other questions, please contact me.

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Answered on 8/23/08, 5:54 pm
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Rights?

The court would certainly consider a modification if there has been a material change of circumstances. Legal custody is not the issue in this regard.

Your question is this: if convenience to the ex will create better visitation for your children, and there would be no associated risk of harm or massive expense/inconvenience to you, why should you not see if it works? The focus is on best interest of the children.

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Answered on 8/22/08, 4:37 pm


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