Add Checkbox Fields Legal Massachusetts Visitation Forms For Free

While the law considers anyone under age 18 a minor and therefore unable to make legal decisions on their own behalf, for parents, it can be difficult to “force” parenting time when a child is refusing to go. The level of this difficulty can look different depending on the age of the child.

While there is no specific age when judges will consider a child's preference, judges tend to give the opinions of older teenagers more weight. A child below the age of 10 would need to be very mature for a Massachusetts judge to factor the child's preference into a custody decision.

If your 14-year-old refuses to return to their custodial parent or visit their non-custodial parent, you must do everything you can and exhaust all efforts to try to foster and maintain the relationship between your child and the other parent.

Personal records A proposed visitation schedule showing when you'd like to exchange the child. If you already have a schedule, a list of missed or denied parenting time. An expense report showing you contribute financially to your child's needs. Printouts of texts, emails and other messages with your co-parent.

A finding of unfitness can result from some of the following factors: abuse or neglect of the child or immediate family member; absence and loss of contact with a child; failure to provide proper care for the child.

To prove parental alienation, you need to show that you have not been able to spend enough time with your child. Keeping detailed records of your contact with your child and the other parent can help you make your case.

A judge's view on parental alienation is that it is treated like a child abuse case, and the result will move toward the benefit of what is best for the child in any abuse situation. There are three things a judge will consider when reviewing the case. The thoughts, feelings, emotions, and wishes of the child.

History of crime, violence or substance abuse In extreme cases, a parent who has continually put their child in danger could lose all custodial rights. Parents who make false allegations could lose custody themselves or face other legal repercussions.

Under Massachusetts law, a minor child (under the age of 18) does not have the right to choose which parent to live with. The decision can be made by the divorcing co-parents if they are able to come up with a custody agreement that is in the child's best interest.