Non-Custodial Visitation Rights in Massachusetts
In some Massachusetts' custody cases, the parents are each given shared physical custody, which means the child spends specified time with each parent, or one parent is given sole custody with the other parent receiving little or no visitation. The type of visitation rights for a non-custodial parent in Massachusetts is based on several factors and are dictated by court order.
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Schedule
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The courts are only interested in what is in the best interest of the child. They look at how each parent treats the children, the willingness of each parent to grant access to the non-custodial parent and any other factors that would affect the child's well-being. Based on this evaluation, the court will rule for a specified visitation schedule for the non-custodial parent. This may consist of several hours per week, one day a week, every other weekend or a week or two at a time. A typically minimum schedule in Massachusetts is every other weekend, alternating holidays, one night a week, split school vacations and an extended period of time in the summer. Both parties are legally required to follow a visitation schedule that is put forth by the court, unless the two parties agree to make a change.
Reasonable Visitation
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In some cases, the judge may rule that one parent has sole physical custody and the other parent gets reasonable visitation with 24 hour's notice. This puts the visitation allowed into the hands of both parents. The non-custodial parent must plan ahead and request any visitation with enough notice for the custodial parent to consider it. It is also up to the custodial parent whether to allow the visitation. However, it is important not to deny visitation unless you have a good reason to do so, such as suspicion of drinking or drug use. This method usually only works well in situations where the parents can communicate with each other effectively.
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Supervised Visits
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If it has been found that the non-custodial parent is a threat to the chldren for any reason, the court may order the non-custodial parent to have supervised visits, at least at first. This may also be used in a situation where the child does not know her other parent well. This visitation may be set up for specific times or at the request of the non-custodial parent. Vistations are set up in a specified location that is often supervised by a social worker. The non-custodial parent will only have a couple of hours at a time with her children in these situations.
Visitation and Child Support
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Some custodial parents feel that if the non-custodial parent is not paying the required child support, he should not be allowed to see the children. However, in the eyes of Massachusetts law, child support and visitation are two completely separate issues. Failure to pay child support is not a reason for the custodial parent to withhold visitation from the non-custodial parent. Likewise, if a parent has visitation with the children, but no child support ordered, it is up to the custodial parent to seek out a child support order separately.
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References
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