Legal Question in Family Law in Massachusetts

I was out of state and could not attend my divorce hearings. I have moved back to were my daughter resides but my ex is not allowing any communication'''''What is the most effective way i can get to see my daughter?

Asked on 11/04/14, 8:06 am

2 Answers from Attorneys

Erin Pennock Black, Vitelli & Pennock, LLC

While it is difficult to directly respond to this without knowing exactly what the judgment says, if there is a judgment in place which does not have a set parenting schedule or does not allow you to see or communicate with your daughter, you will have to file a Complaint for Modification to change the parenting schedule. You will have to establish that there has been a material change in circumstances since the judgment was entered to warrant a change in the parenting plan.

I suggest you consult with an attorney to discuss the best way to approach this, especially if your ex-wife is not allowing any communication.

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Answered on 11/04/14, 8:13 am
Bill Farias Law offices of Bill Farias

There's insufficient information on here to accurately answer this question. However, generally, 1. If the other party is not abiding by the child visitation provisions of the agreement/judgement, you can file a complaint for contempt and 2. If there is a "material change in circumstance," (i.e. your moving back to the area), you may file for modification of the judgement and ask for a new visitation schedule.

Given there's little information provided, your best bet is a consultation to ensure you proceed correctly.

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Answered on 11/04/14, 11:40 am

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