Legal Question in Family Law in Massachusetts

Re: unfit parent acusasion

If the mother is accusing you of acts, habits or conditions which indicate a concern for your child's safety and well being (e.g., alleged substance use/abuse, other lifestyle situations which place the child at significant emotional or physical risk), --and-- can reasonably claim to be a percipient witness (that is, to have actual, first-hand knowledge of such things), the judge is going to allow her to speak to the probation ("family service") office. If such allegations have already been made and discredited by DCF (formerly DSS), the judge may be less interested.

Fitness is about caring for and protecting the child. It is a central issue in all custody and visitation matters. The court's central charge is to put the child's welfare first.