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Family Law Attorney

I provide experienced legal guidance in family law, divorce and special education law. I represent parents and families throughout western Massachusetts.

No one has the right to obstruct a MA child custody arrangement

In instances of split custody or visitation, some parents have been known to make disallowed modification to a given court order. This can come in many forms, but the most severe is when one parent bars the other from visitation as stipulated in the child custody order. This is unfortunate news, especially for the parent on the receiving end of this action. For those in this situation it is important to understand that no one has the right to prevent you abiding by a court ordered custody arrangement without a court ordered modification.

If you are a parent that has been denied your court ordered child custody or visitation arrangement, this behavior should be reported and marked on the record because it can help the parent on the receiving end of the behavior in future child custody hearings. This occurs when the parent barring access is proven to be in violation of a past custody arrangement, thus the parent who has been denied access will then have a more credible complaint against that parent. It is an unfortunate situation as disagreements between parents is rarely beneficial for the child stuck in the middle.

However, sometimes a parent in a split custody or visitation arrangement can take it too far. If you or a loved one is feeling this way, filing a contempt of court hearing is advisable. Claudette-Jean Girard, Attorney at Law has experience with claims of contempt such as these. Parents who have been barred from legitimate custody or visitation arrangements are often very upset and are seeking reparation for the other parent's actions.

Although you may have already tried talking with the child's parent, at this point, it may be to no avail. The bottom line is that a child custody arrangement cannot be modified without a custody modification through the Massachusetts family court system. While it may seem to be a hassle to go through the legal system to enforce a prior order, to get what you have already been given, such as visitation, it can mean gain in the future. Putting a parent's inability to cooperate on record can affect the perception of that parent in the eyes of the court. This may lead to a favorable custody situation for the barred parent in the future.

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Claudette-Jean Girard, Attorney at Law
1380 Main Street,Suite 302
Springfield, MA 01103
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Phone: 413-315-5518
Toll Free: 877-622-6089
Fax: 413-886-0220
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Claudette-Jean Girard, Attorney at Law
P.O. Box 278
Monson, MA 01057
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