CHILD VISITATION QUESTIONS AND ANSWERS

ACCORDING TO MASSACHUSETTS LAW

PLEASE NOTE: The information provided is intended to give a general overview of the law in Massachusetts pertaining to various family law issues. It is not intended to establish an attorney-client relationship. If you have specific questions, you may call Attorney Jeff Karp at 617-227-3361 or email him at JKarp@newmanlegal.com.

1. If I move out of my house and file for divorce will I be able to visit with my children while the divorce action is pending, or do I have to wait until the end of my divorce action?

            A: Generally speaking, in Massachusetts either of the parties to a divorce action may file a Motion for a Temporary Order of Visitation with the minor children. This temporary order of visitation will remain in place until the final resolution of the divorce, or the circumstances change.

2. If there is a order of visitation which has been issued by a Massachusetts Probate and Family Court, may I seek to change the visitation schedule to either increase or decrease the visitation, or seek to require that the visitation be supervised by a third party?

            A: If there has been a substantial change in circumstances that require a change in a previously ordered or agreed upon visitation schedule, and the change is in the best interests of the children, you may file a Complaint for Modification in the court that ordered the visitation and seek to have the visitation order or agreement changed. Your request could include a request that the visitation be supervised by a third party or occur in a safe public place if it is in the best interests of the children.

3. If a Court of another state has previously entered an order regarding visitation and the children now reside in Massachusetts, do I have to go back to the court in the other state if I want to attempt to change the visitation schedule?

            A: Generally speaking, a Massachusetts Probate and Family Court will take jurisdiction related to child visitation matters for children living within its county so long as the children are legally present in that county (i.e., they have not been "kidnapped") and there are no pending proceedings in the other state pertaining to the children.

4. If the father/mother of my children and I are not married, may I ask a Massachusetts court to grant me visitation with the children?

            A: Yes. You may file a Complaint for Visitation if paternity has been established. If paternity has not been established, please refer to the web page entitled "Paternity Issues."