Legal Question in Family Law in Massachusetts

stopping visitiation due to criminal warrant

My soon to be 13 year old son's father has 2 criminal warrants against him and could be arrested at any time. I have called his father to stop the visitation due to the fact that everytime my son gets in the car with him there is a risk he could watch his father be arrested or worse be involved in a police chase because even he believes his father would not stop for the police. My son's mental and physical health are of the utmost importance to me, so would I be in contempt of court if he were to fight me? If he were to fight me would he be arrested on the outstanding warrants? Any help is greatly appreciated.


Asked on 7/17/04, 7:20 pm

1 Answer from Attorneys
Martha Kovner Law Offices of Martha J. Kovner

Re: stopping visitiation due to criminal warrant

Your sons welfare and best interests are what matter. Although you would be disregarding the visitation orders and could be brought in on a contempt motion, the likelihood is that he would not want to address the contempt issue due to his warrants and also could be arrested in court on the same warrants. Perhaps you might want to address the issue first and file a motion to modify the current orders on account of these criminal warrants to protect your son (although modifying can be difficult, costly and I am not sure how the judge would feel.) Good luck and please call me at 508-587-9111 if you would like to discuss the matter further. Martha Kovner

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Answered on 7/18/04, 11:05 pm


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