Submitted by LillyB on Tue, 06/09/2009 - 08:21
If my husband and I get a divorce, do we got to do what the judge tells us to do about visitation or can we work out the way we want to do it? Is there a MA law that makes the judge do one way or the other?
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Editor's Response
Yes, MA law allows you to come up with an arrangement that satisfies both of you, if you are on good terms and communicate well with each other. You have the option of creating a set schedule or, if you prefer, leaving it flexible. With such agreements, instead of a court ordered visitation schedule, the court's order will allow for "reasonable visitation." Good luck, and please tell your friends about The Forum.
Visitation
My ex and I agreed on a visitation schedule during our divorce and it was approved by the judge. My ex wanted no visitation schedule with the kids and just wanted to call me whenever he felt like it. I told him the kids need structure, so we decided on every other weekend Friday nights to Sunday afternoon. For 6 months last year he didn't see the kids(his live-in girlfriend decided that one) and now that he is back seeing them, he comes on Saturday afternoon(when he feels like showing up) and brings them home on Sunday afternoon. Do I have grounds for contempt? And did I fail to mention that he is taking me back to court for a child support modification to lower it?
Contempt
Based on what you have stated, contempt itself might be difficult because you do have a scheduled approved by the court and he is "sorta" following it. Howeever, he seems to be working on his own schedule. You might wish to modify the current schedule or agree with him (without going to court) that he will see the children on the schedule that he has been using since he started visiting with them again. As for support, you should review the child support guidelines which will give you a good idea as to what he should be paying at http://www.dor.state.ma.us/apps/worksheets/cse/guidelines-short.asp The guidelines are new and took affect January 1, 2009. Good Luck! Matthew Barach.