Visitation, also known as parenting time, is vital for parents who don’t have primary custody of their children. A loving mom or dad will want to maintain their relationship with their child through in-person time together, presence during life’s milestones, and regular communication. Unfortunately, many divorced parents have to go through a complicated legal dispute just to get fair and adequate parenting time.
If you have a legal issue with your visitation rights during or after divorce, get the help of a competent Family Law attorney. In the Boston area, call Goldman Law, LLC. Our attorneys are experienced in child custody and visitation cases, and have been named Clients’ Choice for Divorce cases.
Goldman Law, LLC can competently help you with:
- Parenting time negotiation during divorce
- Modifying an existing visitation order
- Enforcement of visitation rights (if the other party interferes with visitation)
- Paternity issues/Parenting time between unmarried parents
- Grandparents’ visitation rights
- And other matters around child custody and visitation.
When you work with Goldman Law, we will assert your parental rights as strongly as we protect your child’s best interests. We’ll also strive to resolve the issue as quickly and peacefully as possible so that we can minimize the emotional impact on your child. Call us today at (617) 668-1718.
How the Court Decides on Parenting Time
The Massachusetts Probate & Family Court handles cases of child custody and parenting time. Ideally, divorcing parents can come to an agreement between themselves on how they will raise their child post-divorce. They can then submit their joint parenting plan for the court to approve. However, in the many cases where the parents cannot agree on parenting time, the decision will be up to the court.
When deciding visitation matters, the court’s main standard is the child’s best interests, meaning the focus is on the child’s needs and well-being. The judge takes into account many factors including:
- The child’s relationship with each parent
- Whether one parent has been the child’s primary caregiver
- How the child is doing at school and in the community
- Any history of neglect, violence, or substance abuse in either parent’s side
- The child’s preference, if they are mature enough (this is given weight but is never the deciding factor).
In most cases, the court presumes that it is best for the child to grow up in the care of both parents, hence it may award primary custody to one parent and ample parenting time to the non-custodial parent. (Some exceptions occur, such as if one parent has a history of abuse.)
For the non-custodial parent, a typical visitation schedule may look like this:
- every other weekend from Friday, 6:00 p.m. to Sunday, 3:00 p.m., plus
- after school on Wednesdays from 3:00 p.m. to 6:00 p.m.
Parents may seek a parenting time schedule that fits their child’s routine as well as their own schedule. It’s also wise to include holidays, vacations, and special occasions in the parenting plan. To help you create a sound parenting plan and assert it in court, reach out to a Family Law attorney.
Common Visitation Issues and What to Do
What do I do if the court denies me parenting time?
It’s possible for the court to significantly limit or completely deny one parent’s visitation. In this case, the parent may appeal the decision to prove that they are fit to continue a parental role in their child’s life. Having a lawyer will be indispensable in pursuing this appeal.
What do I do if my ex interferes with my visitation?
If the court has granted you visitation rights but the other parent keeps violating it, it may be a case of custodial interference. Examples of custodial interference are:
- Withholding visitation completely
- Failing to exchange the child at the appointed time (e.g. deliberately being late to exchanges)
- Showing up at unapproved visitation times (e.g. while the child is at school)
- Showing up unannounced during the other parent’s parenting time
- Speaking badly of the other parent to alienate their relationship
- Blocking the child from contacting their other parent.
One way to deal with custodial interference is to file for Contempt of Court. The Family Law judge will hold a hearing where you have to prove that the other parent was violating a court order. Potential consequences of contempt include jail time and paying the court fees of the disadvantaged parent. The judge may also order “make-up” parenting time for the parent who was denied it.
Can I withhold my ex’s visitation if they’re not paying child support?
No, it is never a good idea to withhold visitation without the court’s approval, even if the other parent skips on their support obligation. Likewise, just because one parent is withholding visitation doesn’t mean the other parent can stop paying child support. The legal way to handle situations like this is to request the court to enforce the court order.
What if I feel that my child is unsafe with the other parent?
If the other parent has abused or threatened your child, you may request for an immediate restraining order from the court. This can take effect while your divorce or child custody case is pending. However, it is only a temporary arrangement.
For permanent parenting time restrictions, you may ask the court to grant only supervised visitation, which means a trusted party stays with your child during the other parent’s visits. In a few cases, the court may grant no parenting time at all to the other parent, such as if the child’s trauma is triggered by seeing that parent. Speak to a reliable attorney about steps you can take to secure your child’s safety.
Can I change my child custody/parenting time order?
Yes, either parent may request the court to modify their child custody/parenting time order. The court will need proof that there has been a “material and substantial change in circumstances” since the order was given. Examples of “material and substantial change” are:
- One parent moves out of state.
- One parent’s work schedule has changed.
- One parent has developed a serious health issue.
- One parent fails to obey the parenting plan.
- Domestic violence has occurred in either parent’s home.
Other unique situations can warrant child custody modification. Enlist a competent Family Law attorney to help convince the court that your visitation order should be changed.
What happens if my ex or I decide to move?
Either parent may relocate freely at their own discretion if they don’t bring the child along. However, if the custodial parent wants to relocate with the child, they must give notice to the non-custodial parent and wait for their response. If the parents can’t agree on the move, they can ask the judge to decide.
If you’re a non-custodial parent and your ex has taken your child out of state without your knowledge, this may constitute a serious violation. Speak to a lawyer about your next steps.
I’m an unwed parent. How do I get visitation?
Unmarried parents may seek visitation the same way as married parents – as long as it’s established that they are indeed the parents of the child. The law presumes an unwed mother to be the legal mother of the child, hence she will automatically have primary custody. Meanwhile, the unwed father will have to take extra steps to establish his paternity before he can seek parenting time. Consult a lawyer if you are an unmarried dad hoping to establish paternity.
Contact Goldman Law – Top-rated Visitation Lawyers in Boston
Our attorneys at Goldman Law have handled complicated visitation issues and obtained favorable results for our clients. We serve Middlesex County, Suffolk County, and the rest of the Greater Boston Massachusetts Area. Call us at (617) 668-1718.
