Legal Question in Family Law in Massachusetts

Infant Living in Unsafe Household

Girlfriend & I have infant son. We split up. I have court-appointed visitation rights. Infant is living with it's mother in a household that trafficks & uses marijuana & possibly other drugs. Concerned about my childs safety. How do I get baby legally removed from the unsafe, unhealthy environment? She is also in contempt of court, has refused to let me see my child on court-appointed days & times.


Asked on 12/15/07, 5:39 pm

3 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: Infant Living in Unsafe Household

Contacting DSS is always something that needs to be weighed carefully.

You have not described enough. If you want assistance, contact me.

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Answered on 12/16/07, 4:31 pm
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Infant Living in Unsafe Household

You should bring the matter to the attention of DSS and/or the police, if you have reasonable evidence or information on the drug trafficking charge. If the police make an arrest there, they will probably call DSS.

If you are being denied your visitation, you should file a contempt action. This is also a useful step in seeking a custody modification.

You should seek a lawyer's assistance in this so that it will be done right, and not look like "angry dad tactics."

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Answered on 12/15/07, 6:16 pm
Michael Franklin Michael M. Franklin, Esq.

Re: Infant Living in Unsafe Household

You should report this to DSS. You also have the right to file a Complaint for Contempt against her for her failure to provide you with access to the child for visitation. You may also file a Complaint for modification requesting physical custody of the child claiming that mother is unfit and it would be in the child's best interests to reside with you.

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Answered on 12/20/07, 5:36 pm


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