Legal Question in Family Law in Massachusetts
more time
I have every other weekend with my children and 4 hrs a week (dinner night). I would like another night added in. Does this sound like a reasonable request? I just want more time with the children. Do I have to go to court for this or is it workable between the two parties?
3 Answers from Attorneys
Re: more time
If the parties can agree, court is not necessary. This is not an unreasonable request.
: more time
I disagree.
Any change that you want to be enforced must be approved by the court, even if the parties agree.
If you have questions, call me.
Re: more time
Mr. Lebensbaum's answer is not incorrect -- but the question was whether the parties could work it out themselves without court. Parties are ENCOURAGED to make agreements and avoid using the courts, when such agreements are within the best interest of the children. Expansive visitation is in the best interest of the children unless the non-custodial parent is in some way unfit -- and, in that case, a suggestion of a restrictive order including supervision would likely have been part of the question.
Any agreement made should, in fact, be brought to the court. The court system now has a form to allow a Modification Judgment to be entered by mutual petition, a very sensible solution. This can be handled by the parties themselves, or by their attorneys.
I note, by the way, that two visitation questions in one day have come from 01331. If this question is connected to the earlier question, the ability to reach agreement may be in doubt.