Legal Question in Family Law in Massachusetts

Visitation Modification

I live in Massachuetts. I have two boys, ages 12 and 13. I have physical custody of them through the divorce and my ex and I have legal custody. My question is regarding visitations. My boys go to an all boys catholic school that is on a 12 hour a day schedule three times a week. There is homework every night and one weekends. Three times a week and oevery other weekend my ex has the boys. Each time the boys are there their grades tend to suffer due to lack of putting any effort into their homework. I have talked to my ex regarding this issue many times to no avail. I believe the best course of action is to lessen his visitation due to the fact that once the boys arrive back at my place I have they have to stay up past their bedtime to complete their homework and this includes the weekends that they spend with their father. It gets very frustrating when I truly want what is best for the boys and I am not getting any help from their father. Can the visitation be modified?


Asked on 3/12/08, 2:05 pm

2 Answers from Attorneys
Jessica Foley Law Office of Jessica A. Foley

Re: Visitation Modification

Visitation is something that can be modified after a divorce.

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Answered on 3/12/08, 2:41 pm
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Visitation Modification

Visitation can be modified after a divorce, if the court finds that a material change of circumstances has occurred which merits the change.

However, visitation often affects school work, and it is difficult to get non-custodial parents to put the homework first unless both parents can work out a realistic means of communicating and prioritizing. The unusual school schedule you describe may be a bit of a conundrum for the court, in addition, but the court will certainly want to favor the schoolwork.

You also need to be aware that your boys may be rebelling a bit, too. Even the best of kids learn that non-custodial ("Dad") doesn't want to be the ogre in his limited time with them.

You should put together an idea that will really resolve the issue. You should discuss this with an open mind with your ex, if this is at all possible. You may want to attempt mediation. Merely seeking to shorten the visitation by court fiat is not an answer; it merely makes you the bad guy to both your ex -and- your boys.

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Answered on 3/12/08, 5:09 pm


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