Legal Question in Family Law in Massachusetts

Re: visitation

I would not bother to go to court over the grandparent picking-up or dropping off the child. It is simply not worth it. I would ask them to make sure the child is picked-up timely and returned timely.

The sleeping arrangement is inappropriate. I would speak to the grandparents and tell them that a little girl should not be sharing a bedroom with her father and could they arrange a sleeping arrangement that is more appropriate.

One alternative to going to court is to contact social services and ask that they investigate the sleeping arrangements. If they find it is a problem they will take action to protect the interest of the child.

However, once social services gets involved they may look at everything and if the grandparents have money they may take action to cause more problems for you and your wife. However, the court's obligation is the best interest of the child.

Good Luck.

Re: visitation

The pick up and drop off of the child by a reliable third party is not something that will interest the court and will likely result in the presidng judge taking a dim view of the parties for even bringing this to court. It is simply not worth risking a reaction and spending money to do so.

Wherever you have read about sleeping arrangements, I believe you are misinformed... there is no rule regarding whether visiting children must be given separate bedrooms... that is an internet myth. While DCF might take a position with respect to long term arrangements (ie the primary physical custodial parent not providing a bedroom for the child), child support guidelines are not designed for mid to low income non-custodial parent to maintain a household with extra bedrooms. I would be careful about involving DCF though - once they get on a case, they stay on it until the child is an adult and they investigate both parents and any household where the child might reside, and all allegations are taken seriously, even if they are made in spite or retribution. Better to just talk to the grandmother and see if there is another room that can be spared for visitation.

As for getting a lawyer kicked off for conflict of interest, from the facts you describe, there does not appear to be a conflict: doing a favor for a friend is not illegal. Unfortunatley, the best advice in response to these annoyances of being late is to take the moral high-ground and don't let 30 minutes here and there be a reason to spend alot of time and money in court. Getting into tit-for-tat behavior only makes one party look bad.