Legal Question in Family Law in Massachusetts
My ex-wife has sole legal and physical custody of our 2 year old son (currently trying to change to joint custody). Can she legally tell me that I cannot have him around my girlfriend if there is no restraining order, and not danger to the child?
2 Answers from Attorneys
Both you and your ex-wife must obey the court order. If the court order gives your ex-wife the ability to control who is with you when you are parenting your child then she can tell you your girlfriend can't be around. However, if the order is silent on this matter, then she has no right to tell you who can be present when you have your son.
On the other other, if your girlfriend is harmful to the child, then your ex-wife can probably go to court to get an order to keep her away.
If it's not addressed on a court order, there's no restraining order, and she's not a danger to the child, you should be fine. It will be difficult for her to convince a judge to take action on that issue.