Legal Question in Family Law in Massachusetts
Visitation Problem
I am a MA resident and am having an issue with my ex-husband. He had my son for his normal visitation on Wednesday from 5-8. I left him a message saying that I was going to be late and my boyfriend would be home when my son got home at 8. My ex refused to drop my son off and said that he was keeping him and I could worry about picking him up tomorrow. Is this acceptable? Can he refuse to bring my son home if I have a babysitter?
2 Answers from Attorneys
Re: Visitation Problem
This is a "grey area" question. Boyfriend may be an acceptable babysitter, or may not. Ex-husband is not required to entrust the child to strangers, or to people with questionable records. However, he is also not allowed to be an idiot without cause. Much of this depends on the boyfriend, and the boyfriend's history. You should consult with an attorney in private so that the facts can be fleshed out, as this is a fact-based situation.
Greg Lee
Re: Visitation Problem
I agree with Attorney Lee that this is a very fact specific question. When it comes to visitation, there are not very clear legal answers. Both parents need to evaluate the situation and come to an agreement that works for both parties.
If your husband is uncomfortable leaving his son with your new boyfriend, maybe you can agree that the next time you're not home, to get a babysitter that you can both agree on (either an aunt or grandparent).
It is much better to settle this between the two of you then to drag this case into court or involve your son in it. You don't want to set a bad example to your son by arguing over petty things. Show him that his parents can work together to solve problems and that life is about give and take sometimes.