Legal Question in Family Law in Massachusetts
My friend has torn apart my family
Hello,My ex-boyfriend and I have a 2 yr old. My supposed best friend and my ex are seeing each other, he moved in with her 3 days after we broke up. She has screamed nasty things to me over the phone, they showed up at my work tonight and were eating dinner in the cafe, which they have no reason to be here it is a hospital, that she quit last week with no notice. She comes with him to get my son, she is being manipulative and mean. I do not want my son at her house, simply because if she can manipulate me and other adults she can certainly do it to my 2 yr old. he came home saying ''mama b*tch'' Do I have the right to say I don't want her with my son and how do I go about that? I don't want to take him away from his father, I just think she is a very negative influence on him, I feel they are doing anything they can to push buttons and be hurtful. Please advise. Thank you
Gina
2 Answers from Attorneys
Re: My friend has torn apart my family
If a spouse is associating with a questionable individual, the court can order that during visitation this individual cannot be present. If your matter is open in court you can file a motion for modification of visitation to request the court add this provision or, if the case is not presently open, you would file a complaint for modification of visitation and if the court finds that your concerns are legitimate they have the discretion to include this stipulation of visitation. Good luck! Sincerely, Maria Murber
Re: My friend has torn apart my family
Unless your ex-boyfriend has been declared the father of the child in a court proceeding or has signed paternity papers, you have total control over who the child sees. The problem is, if you restrict the child seeing the girlfriend, that is the same as restricting the child seeing the father.
Either you can convince the father not to expose the child to this woman (likely difficult), or you can go to court and obtain an order that he not do so, if you can show that this woman is doing what you say she is doing. The problem is that the proof is difficult. Perhaps you know other people who have witnessed this woman swearing in front of your child, or much worse, saying negative things about you in front of the child. That person could write a sworn statement to the court as to what he/she saw.
In any event, situations like these are difficult.
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