Gregory P. Lee, Attorney At Law - Massachusetts Divorce Lawyer. Alimony, Child Custody, Child Support, Divorce, International Kidnapping Interstate Removal, Pre-Nuptial Agreements, Property Division, Related Contempts, Modifications.

Both parents are presumed “fit” for contact with the children unless evidence demonstrates otherwise.
Non-custodial parents get and deserve liberal visitation unless they pose a serious physical or emotional threat to the child. This visitation is as much the child’s need and right as the parent’s.
Each parent must avoid bad-mouthing the other in the children’s presence or hearing, and must also keep others from doing the same.

Many studies have been done on children of divorced parents. There is little doubt that these children experience extra difficulties in school and later life. Productive and healthy contact with both parents helps these children move forward from their own divorce pain. This prevents children from becoming territory to be won or lost in legal skirmishes.

Healthy visitation is generally viewed as a right or privilege of the non-custodial parent. Because healthy contact is so essential to children’s well-being, it is also generally seen as a right of the child.

Non-custodial parents who can be appropriate and focus on their children’s needs are given extensive visitation rights in Massachusetts. Although a schedule is often worked out for the parties’ and children’s convenience, “reasonable notice” visitation is and should be the norm. Parents need to be able to deal fairly and flexibly with each other.

When the non-custodial parent cannot or will not be appropriate, cannot put the best interest of the child first, visitation may be limited. Violence or abuse toward the child or other parent and bad-mouthing the other parent do and should result in limited or supervised visitation. In the most serious cases, these acts may result in terminating visitation privileges.

When there is no reason to interfere with visitation, the courts will act to protect the relationship between parent and child. Custodial parents are not allowed to arbitrarily deprive the child and the other parent from contact. In cases of serious unjustified interference with visitation, the courts may find that the best interest of the child requires a transfer of custody.

Both parents are also responsible for keeping their family and friends from bad-mouthing the other parent in the children’s presence or hearing. This can be difficult at times, but every effort must be made.

If visitation is unfairly denied, or the real needs of the children require that visitation be limited, Attorney Lee will represent you to obtain the result which is in your interest and the best interest of the children.