We’ve expanded answers to frequent questions Massachusetts family law clients ask about parenting time, custody rights, and court orders.
Massachusetts court orders are legally binding, so you are expected to comply even if your child resists visits. If refusal becomes frequent, it’s best to:
Yes. Visitation rights and child support obligations are separate under Massachusetts law. Denying a parent their court-ordered parenting time because they’re behind on support is not allowed and could harm your case. Instead, file a Complaint for Contempt or seek help from the Department of Revenue’s Child Support Enforcement Division to enforce payment.
Only a judge can restrict your visitation rights. If your ex is refusing to let you see your children without a court order, you can:
Yes, but only under limited circumstances. Grandparents may petition for visitation under M.G.L. c.119, §39D when:
Parents often request a “right of first refusal” in custody agreements. This provision requires that if one parent is unavailable for a certain period (e.g., 4+ hours), they must offer the other parent time with the child before using a babysitter. Courts may approve this if it promotes stability and minimizes third-party care.
These FAQs explain Pennsylvania parenting time laws, court orders, and rights under Title 23 of the PA Consolidated Statutes.
Custody schedules are legally enforceable in Pennsylvania. If your child resists visitation:
Yes. Visitation cannot be withheld due to unpaid support. File a complaint with your county’s Domestic Relations Section (DRS) to pursue collection. Judges strongly discourage parents from using visitation as leverage in support disputes.
Only a court order can legally restrict your custody or visitation rights. If your ex is withholding your child:
Yes. Under 23 Pa.C.S. §5325 and §5324, grandparents can seek partial custody or visitation if:
You may request a right of first refusal clause in your custody order, ensuring your child stays with a parent rather than a sitter when possible. Judges grant this based on the child’s stability, parents’ schedules, and logistics.
These FAQs clarify parenting time rules, parental rights, and court enforcement in New York State.
New York requires parents to follow visitation orders. If your child refuses:
Yes. Under NY law, child support and visitation are separate. You cannot deny visitation because of unpaid support; instead, file a violation petition with Family Court or have the Office of Child Support Enforcement collect arrears.
No parent can lawfully block visitation without a court order. If your ex interferes:
Yes. Under DRL §72, grandparents may seek visitation if:
Parents can negotiate or request a right of first refusal clause, giving them priority to care for children over a babysitter. Courts evaluate practicality, distance, and the best interests of the child before including this in custody orders.