What to do when your ex refuses to comply with your parenting schedule?

Once you’ve completed the process of going through a divorce, settling on child support, and agreeing to a parenting schedule, you’d think you can finally move forward and start your new life. Unfortunately, this isn’t always the case.

When you’re facing the frustrating reality that your ex simply won’t comply with your legally binding agreements, whether that be alimony payments or a parenting schedule, you have options. Massachusetts residents can file a complaint for contempt to address non-compliance with temporary orders and final judgments.

Understanding the ins and out of contempt proceedings is an essential part of litigation in the Probate and Family Court, which is why working with an attorney is vital. Anyone found violating a court order, such as failing to pay child support, denying parenting time, etc., may be considered to be in contempt of court.

The court can enforce a defendant to comply with the order(s) in violation by filing a contempt order. To begin the process, a Complaint for Contempt must be filed through the Probate and Family Court that issued the order being violated. Next, a court clerk provides a Contempt Summons—a court order that instructs the defendant when they are expected in court. A deputy sheriff or constable will then serve the defendant with the original summons.

The burden of proof in contempt actions falls to the plaintiff. For help understanding your options when your ex, or soon to be ex, fails to comply with a court order, contact our law office today.

Massachusetts Grandparents, Know Your Rights Regarding Visitation and Custody of Your Grandchildren

When it comes to grandparents’ rights, Massachusetts laws can be tricky to navigate. However, grandparents do have financial, visitation, and custody rights under certain circumstances. To utilize such rights, legal assistance might be necessary to help you take action.

Grandparents today are frequently faced with decisions about what is best for their grandchildren under challenging situations. Whether seeking visitation or custody, grandparents can take legal recourse when it is in the best interest of the child/children.

Visitation Rights

Grandparents who are denied visitation with their grandchildren have a legal right to petition the court. However, grandparents are required to prove that such visitation is in the child/children’s best interests.

Under Massachusetts law, grandparents have the right to petition the court for visitation if the parents are divorced, living apart with a court-ordered separation, or are deceased. Additionally, if the parents never married, are living apart, and there is a court judgment acknowledging parentage, grandparents can file for visitation rights. Maternal grandparents can also request visitation if the parents were never married, and the father is not recognized as a legal parent.

Visitation may be granted if the grandparents can show it is in the child/children’s best interest, have a prior relationship with the child/children, and denying visitation may be harmful to the child/children’s health, safety, or welfare.

When petitioning the Probate and Family Court for visitation, grandparents are instructed to include a written affidavit. This statement is used to outline the grandparent-grandchild relationship and describe why contact has been changed. The affidavit is also where grandparents can convey to the court how a child’s health, safety, or welfare may be at risk if visitation is not granted.

Getting Custody

Any grandparent who feels the safety and well-being of their grandchildren is at risk has the right to petition for custody. Depending on the status of the parents, there are two different routes for filing a custody request.

Temporary guardianship or permanent custody may be requested through the Probate and Family Court when custody is necessary for a child’s safety. In the event children are orphaned due to the death of their biological parents, the Department of Children and Families steps in to arrange care. Grandparents can present their case to argue they are suitable guardians.

Financial Aid

For grandparents on strict budgets, financial programs offer relief when acting as surrogate parents for their grandchildren. Some options include:

  • food assistance through Women, Infants, and Children (WIC) for children age five and under.
  • grantee relative benefits at the Department of Transitional Assistance.
  • survivor benefits from Social Security if one or both of the parents are deceased.
  • MassHealth insurance, which also assists in childcare.

If you are struggling with visitation or custody rights as a grandparent, you need a knowledgeable family law attorney to exercise your rights and help you navigate tricky Massachusetts laws. Contact our office today to schedule a consultation.

Out of State Child Support Modification

Child Support and Out-of-State Issues

Whether one parent is living just over the Massachusetts border in New Hampshire but still commutes to Boston every day, or whether the one parent is living on the West Coast while the children live with the other on the South Shore, issues of state jurisdiction may come into play when seeking to modify a Massachusetts child support agreement.

Changing Circumstances, Modifying Orders

In Massachusetts, child support is governed either by temporary orders or by final judgements. Temporary orders govern the terms of child support while there is still open legal action in process to establish a final judgement.

The term “final judgement” is something of a misnomer. “Final” does not mean that the judgement can never be altered again. A child support final judgement may be renegotiated in the future. This can be done with the agreement of both parents, or one parent may file a complaint for modification if certain conditions are met. [Read more…]

Divorcing During COVID-19

When your relationship is already strained, living under quarantine conditions can quickly shed light on a troubled marriage. Whether you’ve been contemplating divorce for a while or the stress of recent events has become the straw to break the camel’s back, so to speak, our attorneys can help you understand the divorce process and your options.

During these unprecedented times, we are all taking a look at our lives and examining our relationships. Perhaps the tiny cracks in your relationship have turned into irreparable gaping holes. With a newfound outlook on how we see our futures, some couples may decide to part ways.

If you’re among those wondering if you can file for divorce during the covid crisis, the answer is yes. While we do not know when the Court will reopen to petition your divorce officially, we can get the ball rolling. [Read more…]

My Kids Hate the Custody Arrangement – What Can I Do to Change It?

Even in the best of circumstances, divorce can be difficult for children. Children are often resistant to change: adapting to new schedules and surroundings, learning to live with one parent at a time, and getting along with possible new stepsiblings or half-siblings are all big changes, ones which can challenge a child’s developing social skills and coping mechanisms. However, many, if not most, children with divorced parents eventually adapt and thrive, growing into healthy and well-adjusted adults.

There are cases, however, where a child’s discomfort with a custody arrangement goes beyond natural resistance to change, beyond the fairly standard complaints of “I don’t like it here” or “I like dad’s house better.”

Perhaps there is serious, ongoing, and frequent conflict between the child and one of the custodial parents, a conflict that makes living with that parent a deeply anxious situation for the child. Perhaps the conflict is with a stepparent or stepsibling and a child’s grades are dropping as a result of the distress. [Read more…]

What are the benefits of choosing mediation over litigation in a divorce?

When most of us think of divorce, we think of custody battles, endless legal filings, and costly court proceedings. The whole process of divorce can seem more daunting, and perhaps even more painful, than the emotional aspects of a marriage’s dissolution.

But what if there was another way? Another, more humane, more gentle, less expensive way?

There is: mediation.

Not every divorce is contested. If both parties agree that the marriage should end, it is a much simpler process than when one seeks to prevent the divorce, or when it is necessary to assign fault to one partner or another. What remains for the spouses is to agree on the division of property, alimony allocation, and child custody arrangements. [Read more…]

Child Custody Laws in Massachusetts – What You Need To Know.

Divorce is described as one of the most stressful events in a person’s life. Add children to the mix, coupled with questions of custody, support, and visitation, and emotions and stress can reach a breaking point. Wading through this difficult time calls for the help of a professional such as a divorce & family law attorney who also understands laws specific to Massachusetts.

Before you meet with an attorney, here are few pieces of information about child custody in Massachusetts that you’ll need to know in order to develop questions pertaining to your situation.

Two primary forms of child custody in Massachusetts

Physical custody determines where a child will live during certain periods of time.

Legal custody determines which parent has authority to make major decisions as in the doctor the child sees, the school the child attends, and even in which faith to raise the child. [Read more…]

The Best Interests of the Child in a Divorce

When you’re going through the divorce process and managing the child support and custody issues, you’ll hear the term “best interests of the child.” Generally, the court will consider the new family lifestyle after a divorce and where the court feels the child will best be able to adapt to the new changes. It is possible for you and your spouse to ease into your new family dynamic in order to make the transition easier on your child.

Amicable Relationship

In order for you and your spouse to best help your child through the divorce process, they should maintain an amicable relationship. While that may not be easy, especially at first, this is beneficial in helping your child’s transition into this new way of life. It’s best to avoid contentious debates about visitation, child support, visitation and other child-rearing issues. [Read more…]

What Can Be Modified in a Divorce Agreement

Having the provisions of a divorce agreement modified under Massachusetts law is possible, based on how the separation agreement was written and the circumstances bringing about the request for a modification. Before bringing your modification request to the court, you need to consult with an experienced divorce attorney.

The first thing to realize is that there must be a material change in circumstances to request a modification, such as an employment change, a significant change of residence, or change in income. These changes can affect custody agreements and spousal and child support.

When drafting a separation agreement, there are two types of provisions addressed in the agreement: surviving and merging. Merging provisions are open to modification. Merging provisions are generally child specific issues like custody arrangements, support, and health insurance. Sometimes alimony can be a merging provision. Surviving provisions are generally not open to modification. An example of surviving provision is the division of property. [Read more…]

Divorce and The Length of Your Marriage

When considering divorce, there are many things to consider like property division, child custody, alimony and more, but one important consideration that many couples overlook is the date. In Massachusetts the amount of time you were married might matter in a variety of ways. Here are just a few examples:

Dividing Assets

Figuring out exactly when a marriage is over can be complicated as some states look at the date of separation, but Massachusetts courts generally refer to the date of divorce. Assets acquired during the marriage through the date of divorce are joint property, so a bonus one spouse receives at a job might be divisible between both parties if it was earned before the date of divorce. [Read more…]

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