Visitation Rights Attorney in Massachusetts

120+ Years of Combined Experience in Massachusetts Parenting Time Cases

Lynch & Owens, P.C. has handled visitation and parenting time cases across Massachusetts since 1995. Our attorneys bring more than 120 years of combined family law experience to these matters, and we’ve earned a reputation for aggressive courtroom advocacy alongside the judgment to resolve cases efficiently when settlement serves our clients better. We serve families from Boston through the South Shore and Cape Cod, including Plymouth County and Norfolk County.

Our work has been recognized in the New York Times, the Boston Globe, and Massachusetts Lawyers Weekly. We pair the legal depth of a large Boston-area firm with the personal attention our regional clients expect.

If you’re dealing with a parenting time dispute or need a visitation attorney in Massachusetts, call us at (781) 253-2049 to schedule a one-hour consultation.

How Massachusetts Law Treats Parenting Time & Visitation

Massachusetts Probate and Family Court forms shifted to the term “parenting time” in July 2015, though “visitation” remains the standard term in supervised and grandparent contexts. Both describe the same core right: the time a non-primary parent spends with their child. Understanding how courts structure that time starts with the distinction between physical and legal custody.

Under MGL c. 208, s. 31, physical custody determines whether a child has a primary residence with one parent (sole physical custody) or meaningful time with both (shared physical custody). The non-primary parent is typically awarded a defined parenting time schedule. Legal custody is a separate determination governing which parent or parents make major decisions about the child’s welfare. For married parents, courts presume shared legal custody in temporary orders unless that arrangement isn’t in the child’s best interests. For unmarried parents, shared legal custody requires a demonstrated history of joint parenting before proceedings begin, under MGL c. 209C, s. 10.

What Our Visitation Lawyers Handle in Massachusetts

Parenting time disputes arise in divorce proceedings, standalone custody filings, and paternity actions. Our attorneys handle the full range of these matters in the Probate and Family Court.

Parenting Plan Development
We draft and negotiate comprehensive parenting plans that address schedules, holidays, school breaks, and decision-making. When parents can’t agree, we litigate the plan before a judge.

Contested Parenting Time Hearings
When informal resolution isn’t possible, our attorneys represent clients at hearings before Probate and Family Court judges across the state.

Modification Actions
Circumstances change. We handle Complaints for Modification when a parent’s relocation, a schedule change, or a pattern of non-compliance may support a new order.

Contempt Filings
When the other parent refuses to follow a court-ordered parenting time schedule, we file contempt actions and pursue make-up time, legal fee reimbursement, and other remedies available under Massachusetts law.

Supervised Visitation Matters
In cases involving concerns about parental fitness, domestic violence, or substance abuse, we represent clients in proceedings involving supervised parenting time, including matters governed by Probate and Family Court Standing Order 1-23. We also handle cases where the Department of Children and Families is involved.

How Massachusetts Courts Decide Parenting Time

Judges apply the best interests of the child standard under MGL c. 208, s. 31. No formula dictates the outcome. Courts weigh each parent’s history with the child, how well each parent supports the child’s relationship with the other, the child’s adjustment to school and community, each parent’s ability to provide a safe home, and the child’s own preferences when old enough to express them meaningfully.

In practice, the parent who served as primary caregiver before separation can carry a significant advantage. When parents can’t reach agreement, the court may appoint a guardian ad litem, an attorney, retired judge, or trained social worker who investigates the family’s circumstances and submits written recommendations. In cases involving allegations of domestic violence, child abuse, or substance abuse, the court must consider the safety of the child and the victimized parent, which may result in supervised visitation or suspension of parenting time. Massachusetts also requires both parents in many custody and divorce matters to complete the “Two Families Now” co-parenting course, a four-hour online program, unless a judge waives the requirement.

Modifying or Enforcing a Parenting Time Order

A parenting time order issued by the Probate and Family Court isn’t permanent. When something material changes, either parent can seek a modification. Our attorneys handle both Complaints for Modification and contempt filings, and we advise clients on how to document violations and when emergency intervention may be warranted.

Seeking a Modification

To modify an existing order, the requesting parent must show a material and substantial change in circumstances since the original judgment. A parent’s relocation out of state, a significant shift in work schedules, a serious health development, or a persistent pattern of non-compliance can each meet that threshold. Parents who agree on changes may file a joint Petition to Change Judgment without a formal hearing.

Enforcing a Parenting Time Order

When a parent withholds court-ordered parenting time, that parent may be held in contempt regardless of whether the other parent is current on child support. Courts treat support enforcement and parenting time enforcement as separate matters. Consequences for contempt can include make-up parenting time, an order to pay the other parent’s legal fees, and, in serious cases, incarceration.

Why Massachusetts Families Choose Lynch & Owens, P.C.

Our attorneys have earned the confidence of judges, opposing counsel, and court personnel across Massachusetts, from Boston through the South Shore. That standing matters when your case goes to hearing. We’ve handled child custody, parenting time, modifications, contempt, and appellate proceedings as part of a full-service family law practice for nearly three decades.

We work closely with each client to understand what they actually need before building a strategy. For some clients, a negotiated parenting plan can protect their relationship with their child without protracted litigation. For others, aggressive courtroom representation is the appropriate path forward. We pursue whichever approach the circumstances call for.

To discuss a Massachusetts visitation or parenting time matter with our team, call (781) 253-2049 or reach us through our online contact form to schedule a one-hour consultation.