Legal Question in Family Law in Massachusetts
visitation
I have visitation, when i went to drop
off our daughter to my ex he was not
there, he sent his father for pick up.
Do I legally have to give the ex father
in-law our daughter?
3 Answers from Attorneys
Re: visitation
The real question is, what is your objection? Is the father's father an abuser? Is he not good to the child? Is husband on a five-day bender and plans not to return to his home at all?
You have to use the rule of reason. If my child is at camp, and I send my neighbor to pick him up, that doesn't seem to be a problem. I call the camp and tell them. Maybe you should have been told earlier. If my child is safe and being cared for, that's the issue.
If Father is stuck in traffic, or has to work late, or has some other good reason why he's not there, it should be fine, and the Court will not support you if you withhold visits.
But if there are other problems, you need to keep your child safe.
Re: visitation
Mr. Aaron's answer is right. The only additional question would be, is Father seeing the child at all on this visit? If not -- if he is out all night, or away for the weekend -- he is not really exercising his visitation. If such things occur regularly, you should ask the court to amend visitation. THe father's visitation can and should include other family members, but they should not be his surrogates all of the time.
visitation
I agree with Jerome.
Unless there is some problem that you have not described, this is not an uncommon situation.
If there is some factor that you would like to share, contact me.