Attorney Jeffrey T. Karp

1. If I move out of my house and file for divorce will I be able to visit with my children while the divorce action is pending, or do I have to wait until the end of my divorce action?

ANSWER: Generally speaking, in Massachusetts either of the parties to a divorce action may file a Motion for a Temporary Order of Visitation with the minor children. This temporary order of visitation will remain in place until the final resolution of the divorce, or the circumstances change.

2. If there is an order of visitation which has been issued by a Massachusetts Probate and Family Court, may I seek to change the visitation schedule to either increase or decrease the visitation, or seek to require that the visitation be supervised by a third party?

ANSWER: If there has been a substantial change in circumstances that require a change in a previously ordered or agreed upon visitation schedule, and a change in the visitation schedule is in the best interests of the children, you may file a Complaint for Modification in the court that ordered the visitation and seek to have the visitation order or agreement changed. Your request could include a request that the visitation be supervised by a third party or occur in a safe public place if it is in the best interests of the children.

3. If a Court of another state has previously entered an order regarding visitation and the children now reside in Massachusetts, do I have to go back to the court in the other state if I want to attempt to change the visitation schedule?

ANSWER: Generally speaking, a Massachusetts Probate and Family Court will take jurisdiction related to child visitation matters for children living within its county so long as the children have been legally present in that county (i.e., they have not been "kidnapped") for six months and there are no pending proceedings in the other state pertaining to the children.

4. If the father/mother of my children and I are not married, may I ask a Massachusetts court to grant me visitation with the children?

ANSWER: Yes. You may file a Complaint for Visitation if paternity has been established. If paternity has not been established, please refer to the web page entitled "Paternity.”

5. What is a “guardian-ad-litem?”

ANSWER: A guardian-ad-litem, or “GAL,” refers to a person, often a psychologist or attorney, who is appointed by the Court to “investigate” issues and report his/her findings back to the judge. Judges often use them in high conflict child custody and visitation issues. In such cases, the GAL will likely interview the spouses and children, and the children’s caregivers, health providers, mental health providers, and teachers. The GAL will then make recommendations to the judge regarding custody, visitation or other issues requested by the judge.

6. What is a “parenting coordinator?”

ANSWER: A parenting coordinator is a person that resolves disputes regarding visitation that the parents encounter. Sometimes divorcing spouses agree that a certain person will “referee” minor disputes that arise regarding, for example, the change in the timing and location of a certain visit or event. Other times, judges appoint a parenting coordinator if the judge envisions that the spouses will not be able to resolve visitation disputes between them.

7. What is a “co-parenting?”

ANSWER: More and more judges are moving away from using the terms “physical custody” and ‘visitation,” and refer instead to the time spent by a parent with a child as “parenting time.” Co-parenting is like shared physical custody, but denotes more strongly that both parents have a true stake in parenting and raising their children.

Attorney Karp provides the best criminal attorney and divorce attorney representation to clients located throughout Massachusetts and New Hampshire including the cities and towns of: Boston, Cambridge, Somerville, Medford, Malden, Stoneham, Brookline, Newton, Framingham, Quincy, Brockton, Lexington, Arlington, Watertown, Brighton, Allston, Dorchester, Roxbury, Mattapan, South Boston, Charlestown, East Boston, Revere, Winthrop, Lynn, Salem, Peabody, Danvers, Newburyport, Amesbury, Andover, Haverhill, Lawrence, Lowell, Wilmington, Essex County, Middlesex County, Norfolk County, Suffolk County, Woburn, Bedford, Acton, Wellesley, Waltham, Dedham, Gloucester, Hamilton, Wenham, Boxford, Ipswich, Newbury, North Andover, Bradford, Chelmsford, Tewksbury, Milton, Methuen, Salisbury, Melrose, Lynnfield, Beverly, Winchester, Saugus, Swampscott, Manchester, Derry, Strafford County, Rockingham County, Hillsborough County, Portsmouth, Seabrook, Exeter, Dover, Nashua, Rochester, Merrimack County, Brentwood, Plaistow, and Newington.