Legal Question in Family Law in Massachusetts

Re: sole physical custody

The queston is unclear.

Re: sole physical custody

Sole physical custody does not grant absolute authority over the children. If you believe that visitation is occurring in an unsafe or inappropriate environment, you have three choices:

1. File a modification action and seek a revision to visitation;

2. Refuse visitation and wait for the contempt action to be filed; or

3. Get a good lawyer and do BOTH if the lawyer agrees.

The main point is this: if you RATIONALLY believe that the situation is so bad that the children are in real danger of abuse or neglect, YOU are in neglect for not refusing visitation. Thus, you are at risk of a DSS action yourself, and the way to avoid this is to take Option 3 above. HOWEVER, if ex and his significant other are merely having a beer or two with dinner, and you just can't stand the thought, you have to temper your reaction, because the kids aren't in significant danger. Without knowing more about the drinking context (two adults or ten, two beers each or ten each), the question can't be definitively answered.