Legal Question in Family Law in Massachusetts
visitation
I am the custodial parent in a joint custody arrangement. My ex-wife would like to take my daughter for school vacation week which I agreed to. She also would like to take her on a trip out of state to visit family which I didn't agree to but I could live with. The issue is two of my daughter's uncles are going on the trip who are both heroin addicts. I do not want my daughter exposed to them right now as they say they are in recovery for a couple of weeks now though neither of them are in any sort of program. I would like to know what my rights are or if there is any action I need to take. I'm also aware that on her weekend visitation she is also around these two uncles.
3 Answers from Attorneys
Re: visitation
either can an agreement conforming to your concerns, or reject permission.
If you need assistance, or representation contact me.
Re: visitation
This is a difficult question to fully answer without having any knowledge of the substance of your agreement/order with the other parent.
If there is regular contact with the uncles then perhaps it is wise to seek a modification of your agreement/order to prevent any contact with the uncles. Again, without knowing what your agreement/order allows you to do it is difficult to tell you to revoke permission if the court order grants him visitation for the week.
I would happily provide you with more information in a one-on-one conversation where I can know a little more about your agreement. Please feel free to contact me.
Re: visitation
You would have to demonstrate the uncles are addicts and pose a safety issue to your child. You can ask the court to have DSS or someone else investigate your ex's home and the two uncles or seek a court order barring the uncles to have unsupervised visitation with the child.
The scope of the protection will be limited by what you can show as a potential problem to the child.
Good Luck.
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