Pepperell, MA asked in Child Custody for Massachusetts

Q: Hello I am wondering about custody agreements. My exhusband doesn’t follow the agreed to schedule of custody.

Our agreement states he is to have custody certain days and hours. He often doesn’t take him at all with little or no notice. It is effecting my job. He also does not cover his half of medical or other expenses. My son has some health issues and this expense can be a lot. I can’t afford an attorney but wouldn’t qualify for free or reduce aid since my parents live with me and won’t help financially. I need to keep my job.

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1 Lawyer Answer
Lillian J. LaRosa
Lillian J. LaRosa
  • Divorce Lawyer
  • Woburn, MA
  • Licensed in Massachusetts

A: It appears that he is in Contempt of your agreement if it was embodied in a Court Order or Judgment. If so, you can file a Contempt Complaint and also a Modification petition of Visitation and also potentially of Child Support if your child's health issues will be ongoing for a significant period of time. The caution here is that the Court would reasonably expect your parents to contribute to the household they are residing in and include a figure for what could be expected for their contribution for room and board and possibly baby-sitting.

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