Legal Question in Family Law in Massachusetts

Re: my ex's husband is getting to be a problem

Consider asking the attorney who represented you in the divorce to review the situation and determine whether there is sufficient interference with your visitation rights to rise to the level of grounds for a contempt of the divorce judgment complaint.

Alternatively, express your concerns to your ex spouse in a certified letter, which, together with her reply to your requests that she correct the situation, may provide evidence of a contempt if the matter can't be resolved between the two of you.

Good luck.

Re: my ex's husband is getting to be a problem

I believe that I have answered a similar question before.

The circumstances you describe suggest that you should be getting into court and clarifying some issues.

The alcohol abuse in front of the child is the most significant concern that can be remedied. The interference with your parental "position" is not going to be easily remedied, absent a change of physical custody (and there is no clear indication that this is warranted at this time -- though I do not have all of the facts).

To affect the step-father directly, you will have to either file an action in equity in the same court that governs the divorce (or, perhaps, a modification and a motion to add the current husband as a necessary party), or file a report to DSS for neglect by virtue of the alcohol abuse. The more certain solution would be to utilize the court procedure.

The only other way to deal with this is to make common cause with your ex, if she is having trouble with current husband. That may not be likely.

I would be happy to consult further by phone or e-mail so that I will have a better understanding of the situation.