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Can a mother take away a father's custodial and visitation right to his child?

Worcester, MA |

if a father pays the court order child support amount every week but doesn't pick him up due to his work schedule; ex. his visitaion rights is saturday 2pm - sunday 5pm and he works saturday 5pm - sunday 4am then goes back to work sunday 5pm; can the mother take away the father's custodial rights to the child.

Attorney Answers 2


No. Only the Probate Court may modify a custody or visitation order. If you want to change things, you need to go to the court which handled the divorce and file a petition for modification of the custody or visitation order. You will need to show that court that any change is in the child's best interest.

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I agree with the first answer. It sounds like there really needs to be a change to the visitation schedule. The best way to do that is to file a modification. Keep in mind there are 2 types of custody, physical and legal, as well as non-costodual parent's visitation rights. You may want to speak to a lawyer to determine exactly what and how you want to modify your current arrangement.

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