Legal Question in Family Law in Massachusetts

spouse's visitation rights

my husband and i have been married for 5 years but together for 12 on and off. we have 3 children together and he recently decided to leave for someone else. i have been very reasonable with him regarding visitation, i basically let him come and go as he pleases for visits. he says he is going to file for divorce. my problem is that he wants my children to meet and spend time with him and his girlfriend of 2 months. i feel that it is too soon and i spoke to my oldest who is almost 11 and she also said it seems too soon and that she would feel too awkward. do i have to allow him to take my children out with them or do i have the right to make him wait till his new relationship isn't so new? i am not stopping him from seeing the children, i just want him to wait to have our children (ages 11,5 and 3months)meet his new friend. thank you for any replies.


Asked on 2/17/03, 10:29 pm

1 Answer from Attorneys
Raymond P. Bilodeau Raymond P. Bilodeau, Esq.

Re: spouse's visitation rights

Without a court proceeding of some kind, he is as entitled to the children as you are. If he is not visiting with the children where he and she are living together, it is almost impossible to prevent her from being present. The children are too young to determine the issue, and you should not be involving the children in this discussion.

Unless there is some reason not to trust her or the two of them in the presence of the children, or he wants to leave them in her custody while he runs off during visitation time, even a judge will not likely enjoin her from being present during the visits, although the judge might indicate that he should let more time elapse before she is a regular presence.

Get a lawyer and get the divorce started, or you have no leverage at all.

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Answered on 2/18/03, 12:09 pm


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