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?
3 Answers from Attorneys
absolutely and the court can order drug testing.
If you have any questions contact me.
The answer to both questions is "Yes"
You can and should seek to limit visitation further. Indeed, you may be in neglect if you do not do so.