Legal Question in Family Law in Massachusetts

I have two children ages 15 & 16. I am having trouble trying to see them, ie; my ex is making it as difficult as possible. I have not seen them for 6 months, and have only gotten to see them for approx. 5 hours in the past 18 months. I now have another court summons, (I get at least one every year) this on is for contempt, claiming I owe him money. What do I need to do to change this situation. The children are asking to see me.

Asked on 12/19/11, 9:49 am

2 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

You should retain counsel immediately.

The father may also be in contempt if he has withheld visitation. Child support is a separate issue from visitation, and one cannot be used as punishment or reward for the other. Feel free to contact Jessica Walsh in our office to discuss your options. 617-357-4898.

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Answered on 12/19/11, 10:10 am
Erin Pennock Black, Vitelli & Pennock, LLC

Child support payment issues should not affect whether you are able to see your children. Your question does not include whether there is a current parenting schedule in place - is there a schedule in place that is being violated? If the schedule is being violated, then that is grounds for a contempt, especially if the kids are asking to see you. If there is not schedule in place, you would want to modify the current arrangement.

Either way, I would suggest you contact an attorney to talk to you in further detail about this and the best way to proceed.

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Answered on 12/19/11, 10:14 am

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