Legal Question in Family Law in Massachusetts
Visitation with my son.
My ex-wife is not letting me see my son at my house because of unsupported issues with my family. My family has done nothing wrong to her, my son or myself. The custody order is joint with her having physical custody. The visitation order states every other weekend and a certain amount of time in the summer he can come to my house for over night visits. She has stated that I cannot even associate with certain members of my own family if I want to see him. I pay my child support every month, on time, and then some. What are my legal options to stop her from doing this every time she gets upset with someone I know?
3 Answers from Attorneys
Re: Visitation with my son.
If your ex-wife is not complying with the terms of the separation agreement regarding visitation, you can take her back into court on a contempt motion. It really depends upon all the facts and cicumstances as to whether a court would find her in contempt and change any of the terms.
Re: Visitation with my son.
Your Settlement Agreement most likely reads in so many words that after the divorce you are each to live freely. That Settlement Agreement is a contract.
If it has similar words, she has violated the agreement.
If it is merged into the divorce, you can sue her for contempt in Probate & Family Court.
If it retained "independent significance," you can sue her in SUPERIOR COURT AND GET A JURY!!!! You can also sue her for money damages in SUPERIOR COURT.
A Superior Court -- even if she has little money -- might be worth it: it would give her attitude adjustment. How dare she say you cannot see your own family if you want to see your son. OUTRAGEOUS!
Re: Visitation with my son.
First try having your attorney talk to hers, then file a contempt complaint if that doesn't work. But be sure that the objectionable family member would not be found by the Court to be a bad influence on your son. Good Luck!~