This is the next post in our series on the issue of supervised visitation in Boston, Massachusetts child custody cases. Our last article discussed situations in which a Judge will order supervised visitation. It is important to understand that a Court will typically only order such an arrangement if it can be shown that the offending parent poses a risk to the child’s safety or well-being. When determining whether such a risk exists, the Judge will look to objective evidence. It is important that you retain an attorney to assist you with presenting such evidence. In this article we will discuss the process of requesting a modification to your current order. If you need assistance then contact our office today to speak with a lawyer.
Boston parents may file a Motion with the Court to request that child visitation be supervised
The first step in requesting a change of child custody is to file a Motion with the Court. This is a document in which your counsel will state why custody should be modified to require supervised visits. The Motion will explain the facts of the case, the legal basis for requesting a change, and it will include evidence (known as exhibits) which support the request. In matters involving an emergency, it is possible to request that the Court grant an expedited hearing. If the request for an expedited hearing is granted then it is likely that you will appear before the Judge within a few days of the time that the Motion is filed.
The initial hearing on your Motion can have several possible outcomes. First, the Court may simply deny the request. Second, the Court may make an immediate temporary change to custody while setting a trial which will determine whether the change should become permanent. Finally, the Court may decline to make an immediate change but may still set a trial date to determine if a modification should be granted. It is vital that Boston parents properly present the facts of their case, and the legal arguments for a modification, in their Motion or else there is a good chance the Court will deny their request.
Boston residents will attend a Court hearing when requesting a change to supervised child visitation
The initial hearing for your Motion is not a trial. The hearing will mostly consist of the attorneys arguing back and forth. The Judge will make his or her ruling at the end of the hearing. If the request is granted then a temporary order, regarding custody and visitation, will be put in place. Later posts in this series will discuss what to expect at the supervised visits and the process of preparing for trial.
One point we cannot stress enough is that if you fail to properly present your case to the Court then there is a good chance that your request will be denied. It is, therefore, important that you retain qualified counsel. Our Boston child custody lawyers have experience in helping parents to protect their children. Contact us today to schedule an initial consultation.
We also assist Massachusetts residents in the Middlesex County cities of Cambridge, Lowell, Somerville, and Newton, as well as those in the cities of Worcester, Brockton, Quincy, and Lynn.