The Judge does have the discretion to either order no visits or supervised visits. It is very rare that there be an order of no visitation that would generally, but not always be involved if DCF or Child Protective Services is involved with a case or criminal case with some significant issues that are being […]

There is answer is normally no.  The older the child is and the more mature and rationale their decision making is the more weight the court will likely to give the child’s perspective, but it determines in part their age, maturity and rationale.  So, for example, if a child wants to live where the parent […]

It is extremely rare in Massachusetts that the court would want or even allow a child to appear in court to testify. There are some rare circumstances that I have had where children were able to testify, but that is something that you would need to courts permission from well ahead of time. Generally, the […]

The answer is no.  Child support and visitation are not hand-in-hand.  The court would not be happy if a parent’s visitation order was denied because of that parent not paying child support.  On the opposite end just because you pay child support does not mean that you are entitled to more visits because of that […]

Generally, the answer is yes.  There would still be a child support order, even if the parents are able to agree on an equal parenting time.  The child support calculations base it on the income of the parties and who pays health, dental and vision insurance.  If there is childcare and who pays the childcare […]

That would be the grandparents; where the court has an assumption that the parents are typically qualified to determine how their kids spend their time. If the parents object to grandparent’s visitation, the moving party has to show why it would be necessary for the child’s best interest such as health, safety or welfare.  Again, […]

For most purposes it does not matter whether they are unmarried or divorced.  However, if you are the paternal grandparents there has to be paternity that is established by father before you can seek visitation rights.

In Massachusetts you need to file a Petition which is a form you can get from the Probate and Family Court or Juvenile Court in occasional circumstances.  Where the Court that has been making the custody and parenting schedule regarding your grandchild and in that Petition, you should describe not only your proposed visitation schedule, […]

During the COVID-19 pandemic, what is a drop box for court pleadings? Courts may have a secured drop box that is outside of the courthouse and allows a place to deliver pleadings or documents for filing rather than needing to go into the court to hand it to a clerk.  You should check with the […]

It seems to be taking a lot longer to process my court paperwork in Massachusetts and/or to get in touch with staff.  Is there a reason for that? There is a trial court order that at least until April 5, 2021, that the court staff offices have no more than 50% working in a court […]