Legal Question in Family Law in Massachusetts

I have full Physical custody and shared 50/50 legal with my ex-wife of my 9 year old daughter. She was taken from her mother for drug use at the age of 3. I have had her since. Her mother has visitation upon my approval. \nWe were informed her mother is using heroin and crack on a daily babsis and while my daughter is with her. I filed a case with family serives to do an investigation on her mother.\nI want to go to court to file a modification. \n#1. Is this grounds to go for full legal custody?\n#2. Can I ask her mother takes drug testing to have vistitations?


Asked on 7/31/09, 2:31 pm

3 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

absolutely and the court can order drug testing.

If you have any questions contact me.

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Answered on 8/05/09, 10:24 pm
Joseph Murray Joseph M. Murray, Esq.

The answer to both questions is "Yes"

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Answered on 8/07/09, 9:13 pm
Gregory Lee Gregory P. Lee, Attorney at Law

You can and should seek to limit visitation further. Indeed, you may be in neglect if you do not do so.

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Answered on 8/13/09, 6:22 am


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