Legal Question in Family Law in Massachusetts

visitation of child
Is there anything I can do to stop my ex from hanging out with a known drug addict when he has visits with our child?? He's had a drug problem in the past but has been clean. I think he's using again because he has shown lack of responsibilty with our arrangements and agreements; picking up the child late, not wanting to see him on his weekend and just being irresponsible- lost his truck, missed child support payments and so on. We have court soon and I'd like something done. any ideas?

Asked on 4/29/09, 8:10 am

2 Answers from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

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Re: visitation of child

If the child is in the presence of a drug user on visitation -- your ex or anyone else -- visitation is not usually seen as being in his best interest. you should file a motion to stop visitation. You should explain your basis for believing that the father is using drugs, and/or that a companion on visitation is doing so.

In fact, if you have reason to believe that the father's or companion's condition places the child at risk of harm, DCF -could- question whether YOU are in neglect by not taking steps. Obviously, someone would have to report the situation to DCF. If DCF becomes involved, you clearly should accept its directives on visitation, as these tend to immunize you from a finding of contempt if DCF advises that visitation be limited or suspended.

Answered on 4/29/09, 9:07 am

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