Legal Question in Family Law in Massachusetts
how far inadvance is service required for motions on visitation/custody
My son's father, now 21 months, was absent for the first 18 months of his life, and has already been found guilty of contempt and is now facing a 30 day suspended sentence for non-payment of child support. Three months ago, he began seeing our son on a semi-regular basis, which I allowed, although he never filed for visitation rights. We have a court date on Aug 12 for contempt, and he is threatening to file for cusotody and more visits and keeps saying ''It will all change in August at court.'' However, I believe in order for custody or visitation motions to be heard, he must first file/give me proper notice in order for these issues to be brought before the judge, in order to give me time to prepare case/seek counsel/etc. Am I correct in this assumption? I am saving money for a retainer, how concerned should I be about seeking a lawyer before we get to the hearing? Thanks in advance
2 Answers from Attorneys
Re: how far inadvance is service required for motions on visitation/custody
notice is required for a hearing, and is usually 10 days.
This is a much more complex situation, and if you need assistance contact me.
Re: how far inadvance is service required for motions on visitation/custody
yes you are correct. Your son's father must file a complaint with the court in order to be heard on the matter of custody and visits. He must provide you with proper service. the Judge will only hear what is presently brought before him or her, meaning that your contempt is scheduled and nothing more. If he tries to bring up other issues you have a right to object as you are not there for those issues. I still think it would be a good idea to at least contact a lawyer prior to your hearing for a consult. Good Luck
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