Motion to Modify Custody and Visitation Order in Massachusetts

In Massachusetts, a parent who feels that their current custody or parenting time arrangement no longer works for them may certainly seek to modify their existing arrangement. In Massachusetts, what is known as “visitation” in many states is referred to as “parenting time.” One way to change a custody and parenting time arrangement is for the parents to agree on the changes they would like to see.

If the parents can agree about custody and parenting time, they may submit a joint “Petition to Change Judgment” in the Probate and Family Court that issued their original judgment. They would also need to file additional documentation, but no formal court hearing would have to be held.

Parents who seek a change in custody or parenting time might benefit from a legal consultation regarding whether they would qualify for the change they want.

Courts make child custody decisions using the child’s best interest standard. This means that after taking all of the relevant factors into consideration, a court decides on a custody arrangement that serves the best interest of the child. The same rule applies to child custody modifications. The child’s best interest standard is applied by a court when deciding whether to order a change in an existing arrangement.

The parent who wants to change an existing child custody and parenting time arrangement must present a valid reason for the change. A court wants to see that there has been a significant change of circumstances, one that affects the best interests of the child. A local attorney in Massachusetts would be able to explain more about the reasons for which a court would modify custody or parenting time and the child’s best interest standard.

Among the significant changes in circumstances that may justify a change in an existing order are the following:

• The child has suffered abuse or neglect.
• Domestic abuse has taken place in the home.
• One of the parents wants to move to a different state.
• The custodial parent cannot maintain a safe and stable environment for the child in their home.
• A parent has a substance abuse problem or a serious chronic illness.
• A parent interferes with the rights of the other parent, e.g., their right to parenting time.
• A parent has returned from active military deployment or moved closer to the custodial parent, and this has made it possible for this parent to have more parenting time.

These are some examples of changes that might justify adjustment of custody and/or parenting time.

When Can You Modify a Custody or Parenting Time Order?

Again, in Massachusetts, a complaint to modify custody or parenting time would be granted when there has been a significant change in the circumstances of either the child or their parents. So, the time to ask for modification of a custody and parenting time order is when there has been a significant change in the lives of one of the parties.

This might be when one parent decides they want to move to another state for a job opportunity, or a parent suffers a disability that affects their employment and their income. Or the child may start to live with the non-custodial parent.

It is important to note that a court would not change a child custody order for the sole reason that one parent just does not like the existing custody and parenting time arrangement. A parent who wants a change must prove to the satisfaction of the court that there has been a legitimate change in the circumstances of either the parent or the child, and for this reason, an adjustment of custody and/or parenting time is reasonable and serves the interests of the child.

Again, it is important to note that a judge must find that changing the order would be in the best interests of the child. The judge may want to hear testimony from an expert witness and may have a mental health professional prepare an evaluation.

How Do I File a Petition for Modification of Child Custody or Visitation Order?

A person can begin the process of asking for a change in a custody order by completing the forms for a “Complaint for Modification” in the Massachusetts Probate and Family Court in which the original order was issued.

If the existing custody and parenting time order was issued by a court in another state and any parent still lives in that state, then the Massachusetts Child Custody Jurisdiction Act determines which state’s court has the legal right to alter the custody order. If Massachusetts has the authority to rule on the case, it would then be heard in Massachusetts. In this situation, the parents may want to have a legal consultation for advice about how to proceed.

Once the complaint has been filed with the right court, the clerk schedules a date for a court hearing regarding the request. The two parents involved would have an opportunity to settle the case by coming to an agreement that is satisfactory to both of them. The court might order mediation for this purpose.

If the case is not settled, then a court hearing must go forward. At the hearing, the parent who wants to change the order must produce evidence to support their request. This may include their own testimony as to the nature of the significant change in circumstances that they have experienced.

They may have other witnesses testify as well. They might also produce documents, such as their work schedule or medical records, regarding treatment for an injury they have suffered and how it would affect their ability to care for their child.

It is important to keep in mind that a court always weighs the change in circumstances and the proposed new custody arrangement in light of the best interests of the child. So, in addition to the evidence that a parent provides, the court may also consider other factors.

These would include the child’s relationship with each parent, each parent’s ability to care for the child, and any history of abuse or neglect. Massachusetts courts must take any domestic violence into account if either parent raises the issue.

What Are Temporary Child Custody Modifications?

If a parent has taken up residence in Massachusetts and it is not the state in which the child resides but the child is present in the state, they may still seek temporary emergency custody in Massachusetts.

Another situation in which a court may order temporary custody is when the parents are engaged in the process of determining custody. If the child resides in Massachusetts and a custody hearing involving the parents is in progress, a court may issue temporary custody orders until the case is resolved after a trial or the parents settle the issue, thereby allowing a final order to be issued.

These orders regarding temporary custody may be modified if necessary.

Do I Need a Lawyer To Modify a Child Custody or Visitation Order?

If your custody and visitation plan needs to change because your life circumstances have changed, you want to consult a Massachusetts child custody lawyer.

LegalMatch.com can put you in touch with an experienced lawyer who knows Massachusetts’s child custody law. Your lawyer will review your case and be able to tell you whether you might win modification. Your lawyer can then guide you through the process to get the adjustment you need.