Legal Question in Family Law in Massachusetts

my daughters visitations are pain

I have two daughters 9months and 5yrs.The father has visitation rights and pays child support throug DOR.He llive in astudio.He picks them every other weekend for two days.He dont have baby items like beds for them ,which means they all share the bed.Do i have the right to stop him from visitation until he has suitable place to stay?Which hes not willing to do or i call dss?


Asked on 4/18/09, 10:15 pm

2 Answers from Attorneys

Re: my daughters visitations are pain

If you withhold visitation, you will be in contempt of court and the childrens' father can move to change the custody arrangement as a result. DSS cannot change the court order for visitation, and opening that can of worms could result in BOTH of you losing custody of the children while DSS sits around deciding what to do for the next year or so.

If you are uncomfortable, then the COURT is the best solution, and they can appoint a guardian ad litem to evaluate what is in the childrens' best interests.

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Answered on 4/18/09, 10:25 pm
Gregory Lee Gregory P. Lee, Attorney at Law

Re: my daughters visitations are pain

He should clearly have a separate sleeping place for the kids -- a mattress or sleeping bag on the floor. Apart from that, you almost certainly do -not- have a case with DCF for any neglect. Even the one-bed scenario isn't clear-cut, in my opinion, but I would absolutely advise him to have the mattress/cot set-up soon, if not right away.

So long as the bathroom affords changing space and privacy, the remainder of your complaint is invalid.

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Answered on 4/18/09, 11:00 pm


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