Legal Question in Family Law in Massachusetts

I have a parenting schedule for my children ages 14, 12, and 8. My ex-husband and I divorced largely because of his addiction to marijuana and finances, he did not want to work or contribute to household. My oldest has recently learned about his habit on her own. She hesitated to tell me at first as she didn't want me to notify my ex that she knew but basically she's very upset and does not want to stay over his house any more. She actually even yelled at me that if I knew he had a problem why did I allow the visitation. I fought over custody for 2.5 years depleted my savings, he passed his three drug tests and finally got an apartment. The court decided the visitation yet I'm to blame for divorce and now this. She's turning 14 in couple of weeks, can she decide not to go visit with her dad or do I have go back to court to change it?

Asked on 7/12/17, 8:23 am

2 Answers from Attorneys

Suzana Urukalo Kajko, Weisman & Colasanti, LLP


Your current court order outlining the parenting schedule is in effect until it is modified. Without your ex-husband agreeing to changing the current schedule you would have to file a Modification of your previous judgment. Until your children reach the age of 18, custody (legal and physical) along with a parenting plan will be an issue the court has to address. If you have any additional questions, please feel free to contact me. Good Luck!

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Answered on 7/12/17, 8:30 am

Attorney Urukalo's advice is exactly correct. You have two choices, get your husband to agree to a modified visitation in writing or file a Petition for Modification. Good Luck.

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Answered on 7/12/17, 9:58 am

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