Legal Question in Family Law in Massachusetts

Need some info

My Ex just informed me that she's going into

Court to get visitation with the kids.I have had custody (temporary order) since

May of 2004 because she had been arrested for Domestic assault and

battery, a & b on a police officer (2 counts) and resisting arrest.

She did get visitation in June for every Wednesday (pick up kids from

school and drop off At my house at 7) and every other weekend. On

December 3, 2005 she was arrested again (she was supposed to pick up

Ricky at school didn't show cause she was in jail) driving under the

influence of alcohol, a & b on a police officer, disturbing the peace,

disorderly conduct, and resisting arrest. She went to jail for 45 days

and then in Salvation Army rehab for 6 months I believe. In May of

2006 she was arrested for domestic assault and battery (2 counts) made

bOl somehow and jumped and had 2 warrants for her arrest. I believe

she turned herself in 4 or so months later lost custody of their

son(went to Maine with Grandparents) and mark went there a week later

she went into Salvation Army again.

So from December 05 until present has not had contact with the

kids. It's been almost 3 years.

Can you give me advice as to what I should do If I do get ser


Asked on 12/01/08, 8:31 am

1 Answer from Attorneys
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Need some info

Needless to say, you should contest any visitation without proper supervision. She is likely to get somke visitation, if she approaches the matter correctly, but this will depend on the age and independence of the children, as well as her own current situation. The Court may well appoint a guardian ad litem; you should be prepared to argue that she should bear the full cost.

Frankly, you would do best if you had an attorney's assistance and guidance. A good attorney can help you assess the situation, and give you recommendations that might reduce costs and protect the children. An offer of tightly supervised visitation at the mother's expense would be a good tactical move, as it would show your willingness to see reality, and might well cause a judge or probation officer to hear the mother make unreasonable demands for completely unrestricted visitation.

However, each situation is unique. I strongly advise that you seek and obtain an in-office consultation with a competent attorney in your area.

Read more
Answered on 12/01/08, 10:08 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Massachusetts