Legal Question in Family Law in Massachusetts
weekend visitation rights
I have our children every other weekend as a court order. I had a recent hospital stay that kept me in till Friday afternoon. I received a call that evening from my ex telling me that I was not able to have the children the next day for my weekend due to the fact she thought I needed some down time to myself! I was fine, does she have the right to take away my legal weekend if she feels like it?
1 Answer from Attorneys
Re: weekend visitation rights
Your former spouse does not have the right to determine visitation switches without consulting you. However, she may well have thought she had the children's best interest in mind, despite her arrogant way of handling it. If she has offered to replace the weekend with the following weekend, you may want to politely (and in writing) request that she consult you in the future. If this is part of a history of arrogant decisions, you have to determine when would be the best time to file a contempt action. Depending upon an OBJECTIVE evaluation of your stay and the reason for it, I might or might not determine that this was the right time.
Again, I would factor multiple considerations into the decision to seek further action.
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