How do i go about setting up a visitation schedule thru the court

Asked 7 months ago - Blackstone, MA

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me and my babys father were never married but have recently split up..things did not end on good terms at all..it has gotten to the point were we can not comunicate civilly but just because i dont want hae to be around him i do not want to take his son from him.. we can not agree on a schedule plusa i would like it in writing so it is not a free for all so that there is set times in whoich he will pick him up and drop him off

Attorney answers (4)

  1. Contributor Level 10

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    Lawyers agree

    Answered October 10, 2012 17:08. You will want to file a Complaint for Support, Custody and Visitation with your probate and family court. If he has not been adjudicated the father or acknowledged paternity, you will have to file a Complaint to Establish Paternity. Once you have filed the complaint, you will want to file a Motion for Temporary Orders, and schedule it for hearing. The register's office will be able to help you with completing the forms and scheduling the motion. Best of luck.

    Any answer provided herein does not constitute an attorney-client relationship. Do not rely solely on these... more
  2. Contributor Level 10

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    Answered October 10, 2012 17:41. Once your motion is heard, you can either create. A parenting schedule in. Probation or simply. Ask the judge to create one for both of you.

  3. Contributor Level 11

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    Answered October 10, 2012 16:39. Assuming the father is on the birth certificate, you will want to file a Complaint for Support/Custody/Visitation. You can obtain the form here: http://www.mass.gov/courts/courtsandjudges/cour...

    You will be given a court date when upon you, if representing yourselves, be assigned a court probation officer who will attempt to mediate your situation, and failing at success present the case to the judge who will make a ruling as to the best interests of the child.

    It is best to have an attorney for such a situation to best your child. Contact a local family lawyer for help and good luck!

    A. Will Vella is an Massachusetts licensed attorney who focuses his practice on small business, family issues, and... more
  4. Contributor Level 17

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    Lawyer agrees

    Answered October 11, 2012 06:08. Sitting down and ironing out a parenting plan is absolutely the right thing to do. It ensures that both parties know what is expected of them, and it can be enforced if one of the parties fails to live up to those expectations.

    If paternity has not yet been establish, you should file a complaint to establish paternity and for support. At that time, you will be permitted to enter agreements on custody, visitation, etc. If you can, you should absolutely retain counsel.

    Christopher Vaughn-Martel is a Massachusetts lawyer with the firm of Vaughn-Martel Law in Boston, Massachusetts.... more

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