Legal Question in Family Law in Massachusetts

This is typical behavior from spouses who feel "scorned." However, depending on where he is in the divorce process, he may want to file a motion for Temporary Orders. There will have to be a Hearing scheduled, where the judge can order a temporary visitation schedule that will enforceable by the court.

Your presence around his CHILDREN will be irrelevant unless his wife can show that it would be a real detriment to them. Your presence around his WIFE will automatically be bad for the kids if it creates a toxic environment for them; thus, the visitation will have to take place away from the wife's residence.

I agree that the father should file a motion for temporary orders, if possible.

If the legal divorce process has been initiated by filing a complaint for divorce and there are no outstanding temporary orders regarding the children being with father's girlfriend, then it is within father's legal right to have his girlfriend around the children. It may be in father's strategic interest to get a temporary order from the court regarding parenting time to avoid any future custodial conflicts.

If the legal divorce process has not been initiated, then father has every legal right to have the children around the girlfriend.

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