Legal Question in Family Law in Massachusetts
Visitation
We do not have physical custody of my two stepchildren who reside in the state of New York. The court appointed visitation is that the mother who resides in New York and the father who resides in Massachusetts meet half way at a predetermined rest area to drop off the children for visitations once a month. For the past year the custodial mother is not enforcing the 14 year old daughter to come for the 3 hour half way point for visitations with the father. What can the father do to enforce the mother to make the child be there at the meeting point? The mother said she is not forcing her daughter to do anything she doesn't want to do. A year has gone by and the father is willing to take legal action to enforce the visitation, but what can he legally do prior to the weekend visitation? Can the attorities get involved if he faxes a copy of the visitation to the police department. We know that the mother is obligated to get the child to the meeting place and the burden is placed on her...what if she declines, can we do anything immediately? If the daughter doesn't come this weekend, we are prepared to seek legal advise as well as representation, however, what can we do to hopefully prevent any misunderstanding?
2 Answers from Attorneys
Re: Visitation
Number one: is the court order in NY or MASS? Number two: if there is a court order and, the other party is refusing to follow through, you need to file a "Complaint for Contempt" in the court the order was issued, based on that court order. Sincerely, Maria Murber
Re: Visitation
No, the authorities will not enforce a court visitation order. They will tell you to take it back to the court that ordered the visits. You can file a complaint for contempt and have it served on the mother. You may be able to get your costs and attorney's fees paid by the mother if she is found in contempt.
You do not say how long this arrangement has been in place, which may make a difference. You imply that one child has been coming for the visits, so it seems the mother is driving halfway for that child.
A 14-year-old girl is going to want to spend weekends with her friends, either in person or cellphone or IM. Have you noticed her being unhappy with having to visit? Have you done things with her that she is interested in doing? Does she get along with you and any children from the new family? A child 12 and over can ask a court to consider his or her position with regard to visitation, in MA.
You may be better off visiting with the other child and doing things the 14-year-old might regret missing out on.
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