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Tag: Parenting Time

Parenting time/Visitation Schedules During The Covid-19 Crisis

By Attorney Monique Lamb – With the uncertainty of the current state of affairs the following is some general guidance regarding parenting time/visitation schedules during the Coronavirus pandemic. Clients are worried about not following the court orders regarding parenting time or visitation schedules during the current crisis. It is difficult to follow a court order when your parental instincts is to protect your child/children as much as possible and the news keeps telling you to keep your distance and stay home. That is in addition

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My son and daughter-in-law are divorcing. As a grandmother do I have visitation rights?

Grandparents do have legal rights, however, regarding visitation, may require a court order under Massachusetts law. In the event the grandparents and parents can come to an agreement regarding visitation, court intervention is not required. When no such agreement can be made, there are certain situations grandparents may be granted a court order allowing visitations. Under Massachusetts law, grandparents have the right to ask a court for visitation if the parents were married and then divorced; the parents are still married, but they live apart,

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How do courts determine if relocation of a child to another state during a divorce is acceptable?

In situations where a custodial parent wishes to relocate with a child, the court will determine whether child custody relocation is in the best interests of the child. While a parent is free to relocate out of state themselves without the child or with the permission of the other parent to take the child, the state of Massachusetts requires a judge ruling regarding relocation contested by a parent. Depending on the current custody agreement, the judge has two different processes for determining if relocation is

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Parenting Time and Visitation Agreements

When parents separate or divorce, children are often caught in the middle. Parents struggle over custody and scheduling parenting time. Each of the participants have rights when making these important decisions. It can’t be forgotten that any agreements involving children must be in the children’s best interest. Massachusetts courts have upheld this assumption. Couples have children both in and out of wedlock. Many of these relationships don’t last. Children need to continue to have a relationship with both parents despite the difficulties parents may have

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Parenting Schedules and Virtual Visitation

When interacting with a child or children becomes difficult for a parent because of distance, virtual visitation could help families stay connected. Here is some information those in Massachusetts might like to know about electronic visitation. If a non-custodial parent is entitled to visitation rights, then virtual visitation rights might be an option too. These rights are not meant to replace real world interaction but can supplement parenting time when in-person meetings are not possible. Arrangements for virtual communication might be agreed on by parents

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Divorce Includes Visits and Custody vs. Parenting time

Massachusetts courts are moving away from the custody and visitation model in favor of allotting parenting time. Historically, Massachusetts courts often awarded primary physical custody to one parent, who would have the children reside with them during the school week, with the other parent being awarded ‘visits’ with the children on weekends, holidays and school vacations. In some cases, courts would order that the parents have ‘shared’ physical custody, in which children’s time with each parent would be divided evenly – typically, either by alternating weeks, or

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Child Support and Parenting Time: How Are They Related?

Massachusetts law determines child custody cases on the basis of the “best interest of the child.” The best interest of the child drives every decision the court makes, including the amount of time the child will spend with each parent (“parenting time”), as well as the amount of child support the non-custodial parent will pay the custodial parent. What is Parenting Time? Parenting time refers to the amount of time the child spends with each parent. Generally, there is a custodial parent, who has physical custody

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How to Prevent Parenting Time from Affecting Your Child’s Schoolwork

Sharing custody with another parent can be tough, and your parenting time is probably very important to you. However, you might have one concern — whether or not parenting time can affect your child’s schoolwork. After all, having an ever-changing schedule and shuffling from place to place and home to home can be tough on a kid, and it can make studying hard. Luckily, you do not have to sacrifice parenting time or put your child in a tough position in regards to his or

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Successfully obtained parenting time for a de facto parent

Successfully obtained parenting time for a de facto parent in an underlying equity case in Massachusetts. The alleged father had always been involved with the minor child over several years visiting with the child, providing in a financial manner for the child by paying for activities and necessities for the child. The guardian of the child had stopped contact which led to the filing of the equity complaint and the establishment of parenting time for this de facto parent. (Essex County)

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Custody and Visitation vs. Parenting Time

Most most people think in terms of custody and visitation, when they think of their children. However, the courts are moving away from such terminology because custody denotes possession and control and that is not appropriate when discussing children. The same for visits, one no longer visits with their children but one exercises parenting time. These changes in terminology reflect the courts position of moving from a traditional custodial arrangement (where one parent has custody and the other parent visited once during the week for

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