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Can a Parent Refuse to Allow Visitation or Parenting Time if the Child Support is not Paid?

Posted by Alexander Nesson
On April 8, 2024

In Massachusetts, the answer is no. Child support and parenting time are two separate rights or obligations that the court does not connect at all. You can file a Contempt if a parent is not paying child support, but you cannot restrict the parenting time.

Posted by Alexander Nesson
On April 1, 2024

The judges in Massachusetts look at what is in the child’s best interest. This is under General Laws, Chapter 208, Section 31, which includes the happiness and welfare of the children determine their custody. The judges, however, have a significant and broad discretion when determining custody or parenting arrangements. There are a range of factors […]

Posted by Alexander Nesson
On March 18, 2024

In Massachusetts, the child does not get to determine visiting a parent if there is a legal order. The court, however, may factor in the child’s input and reasoning behind it. The older the child is and more importantly the more mature and informed their decisions are, the more weight the court is likely to […]

Posted by Alexander Nesson
On March 4, 2024

In Massachusetts, the courts can factor in the child’s preference and rationale. The child does not get to decide where they live until they turn 18 years old when custody orders are no longer by the court. Again, the court will look at the child’s best interest and the rationale. The older and more mature […]

Posted by Alexander Nesson
On February 26, 2024

The appointment of a parenting coordinator is pursuant to an agreement by the parties. The court will approve this and incorporate it into an Order. There also can be a possibility of the court ordering it without the agreement of the parties. This is under General Laws, Chapters 208, 209, and 209c. A parenting coordinator […]

Posted by Alexander Nesson
On February 12, 2024

There is a lot of information in case law about Wallace, but it can be beneficial to juveniles; particularly juveniles that have no prior misdemeanor charges because it would depend significantly on whether the court would have jurisdiction. First, suppose the application for the Complaint alleges a single minor misdemeanor or multiple minor misdemeanors from […]

Posted by Alexander Nesson
On November 27, 2023

The court does not have jurisdiction for the so-called 1st offense. It is under the Ch. 69 oath for the acts 2018 and an act relative to the Criminal Justice Reform Act. There is an interesting case called “Wallace W” which is a SJC case in Massachusetts in 2019 which provides that a 1st offense […]

Posted by Alexander Nesson
On November 20, 2023

Generally, a restraining order in Massachusetts must show that there is a substantial likelihood of immediate danger or abuse, that the Plaintiff would be in reasonable fear or imminent serious physical harm. If something is inappropriate and distressing it is not something that can meet the grounds for a 209A restraining order. The vacate order […]

Posted by Alexander Nesson
On November 13, 2023

One of the big differences is an order for sole use and occupancy of the marital home does not carry any criminal penalties. It also does not have a need to be renewed after ninety (90) days. The order for sole use and occupancy of the marital home is a little less clear in terms […]

Posted by Alexander Nesson
On November 6, 2023

There is a statue in Massachusetts called the Vacate Statute which is G.L. Ch. 208 Section 34b where a probate and family court judge can order a divorcing spouse to vacate the marital home for the need of the health, safety or welfare of the spouse that is looking to have the other party move […]

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Can a Parent Refuse to Allow Visitation or Parenting Time if the Child Support is not Paid?

In Massachusetts if the Parents are not Able to Come to an Agreement on Child Custody Either in a Divorce Action or another Non-Married Custody Case. How does the Court Determine who Would Have Custody of the Child?

In Massachusetts can a Child at a Certain Age Determine Whether They Want to Refuse to See a Parent or not?

A Question that a lot of people ask is At What Age Can a Child Decide Which Parent to Live with in Massachusetts?

How does the Court Appoint a Parenting Coordinator in High Conflict Custody or Parenting Cases?

What is the Rule in Juvenile Court Regarding First Offenses Determinations According to the Commonwealth vs. Wallace?

In Juvenile Law, if a child is being charged with a Misdemeanor as a first offense which is a punishment as a fine or imprisonment for not more than 6 months.

What is the Major Difference between a Restraining Order or a 209A Order versus a Vacate Order of a Marital Home?

What is the Difference Between a Vacate Order for a Marital Home and Sole Use and Occupancy of a Marital Home?

What is the Standard to Having a Divorce Parent Vacate the Marital Home?