Legal Question in Family Law in Massachusetts
family
i got a 7 month old dughter i let her fatther take her evry week but i know shes better of satying at home for the use of drugs they do at her dads home .
i wana look like the bigger person in the curt house so i let him take her but i know shes is not safe and the curt says if u know she is not safe why are u letting him have her...but than the curt could also so i am using my dughter as a weapon i odnt know what to do if i let him have her or not let him have her please right back thank u
2 Answers from Attorneys
Re: family
If you have a genuine and reasonable belief that your child is being exposed to an unsafe situation at the home, you have no option but to refuse visitation. DCF (formerly "DSS") could consider YOU to be neglecting your responsibilities if you allow unsafe visitation.
The mere use of substances does not render a child unsafe -- one beer or a glass of wine, for example, is considered socially acceptable. However, illicit drugs are viewed with real concern by the court. The Court will order that no illicit drugs be used int the presence of your child, if need be.
I strongly suggest that YOU initiate the court proceedings and file a motion to limit visitation. You need to be prepared to state how you know of the drug use, even if you were at one time involved.
I am available for further consultations, and make my services available on a sliding scale basis.
: family
If you feel your daughter is not safe, act on it; ask that all people using drugs not be present when she is there. You need to present some information to the court that the environment is not healthy for your child.
Do not be hesitant to defend your daughter!