If my ex-husband marked in the final divorce papers that I have custody of, and visitation rights to, our children do I have to let him see them?

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If my ex-husband marked in the final divorce papers that I have custody of, and visitation rights to, our children do I have to let him see them?

There are things from the past with his boys that stop me from wanting to send my girls to visit with him. Plus he lives out of state, and I don’t trust him with the care of our kids that far away. He lives in NY; I in MA. But in the final papers he has me marked for custody and visitations and has nothing marked for himself.

Asked on August 3, 2011 Massachusetts

Answers:

Stan Helinski / McKinley Law Group

Answered 10 years ago | Contributor

Depends on the order, is that what you mean by the papers. after a divorce/custody proceeding, there is an order (sometimes by stipulation of the parties) that results. If there is no provision for father's visitation, I suppose you could take the position that he is not entitled to visitation, which would require him to move the court for clarification or modification.  That's an issue I would have to research to be certain, but without researching, that would be my belief.  

 


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