How is Child Visitation Determined in a Massachusetts Divorce?

In Massachusetts divorcing couples usually first determine child custody issues such as sole custody, joint custody and shared custody thereby allowing each parent an opportunity to “visit” with their child. Custody of a child is decided based on the best interests of the child and courts routinely decide that it is in the child’s best interest to interact with both parents on at least some minimal basis. Rarely will a parent be denied some element of child custody by a Massachusetts divorce agreement and final judgment of divorce. There are a few situations where a parent would be functioning to visit with their marital child solely on a “visitation rights” basis. Those situations are (1) where a court found repeated instances of child abuse had occurred during the marriage, (2) where one spouse was found guilty of murdering the other marital spouse, or (3) where a spouse had been denied custody rights and visitation rights by the court in a penalty for non-payment of child support or spousal support orders.

Parental Child Abuse

Before issuing any child custody order that court will consider any allegations of instances of child abuse contrary which would stand contrary to the best interests of the child. If the abusive parent is ordered child visitation rights those right will usually be limited to protect the child’s safety and well being by the following orders:

Visitation must be supervised by a third party or a visitation center or agency
The abusive parent must attend and complete a certified batterer’s treatment program before visitation is allowed
Abusive parent must abstain from possession of alcohol or controlled substances for twenty four hours before a visit with the child and during the visit with the child
The abusive parent must pay the costs of supervised visits with the child
No overnight visits are allowed
Parent must put up a bond assuring the safe return of the child
An investigation of the abusive parent and appointment with a guardian ad litem is required

The court may impose any condition upon parental visitation rights of a parent that it finds will maintain and protect the child from any measure of a parental threat to the safety and well being of that child. No Massachusetts court is ever allowed to enter an order providing for visitation rights with a child by a parent convicted of murder in the first degree of the other parent of that child.

Getting Legal Help

If you have been denied access or visitation rights with your child due to a divorce in Massachusetts it would be important to contact a divorce attorney to review the circumstances of the denial of visitation rights.

Thinking About Divorce?