Legal Question in Family Law in Massachusetts

visitation rights

I have recently left my husband. We have 2 small children together. I left him because I found out he is a cocaine addict. He also smokes crack. I have never done drugs in my life and I have no tolerance for people that do. I have not officially filed for divorce yet but plan to. I want to know what kind of visitation rights he will have with our children. I have asked him to goto rehab and he refuses. I obviously do not feel comfortable leaving him alone with our children while he is on drugs. My children and I are staying with my parents who live out of state. I had to move in with them because I travel for work and have no one else to watch them for me. My husband keeps asking me to send the kids up for a week to visit. I told him not until I know for sure he has completed a drug rehab program. Oh, and he also is not paying me any child support. I researched it and we agreed on an amount but he refuses to pay now. He has his own business and makes really good money but spend most of it on his drug habit. Any advice would be great. Thanks.


Asked on 7/18/05, 12:05 am

2 Answers from Attorneys
Joseph Murray Joseph M. Murray, Esq.

Re: visitation rights

The Court would likely honor your request for visits to be supervised and require him to submit to random drug testing and you would be entitled to support amount determined by the Child Support Guidelines.

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Answered on 7/18/05, 12:33 am
Raymond P. Bilodeau Law Office of Raymond P. Bilodeau

Re: visitation rights

If he is not willing to pay child support voluntarily, you will have to take him to court. He will then have the opportunity to ask for a court order for visitation.

The fact that you "discovered" his cocaine/crack habit implies that it does not afect his ability to function enough to be obvious, so the question might arise as to why you fear for your children's safety. If he follows the usual addict pattern, his business will go downhill, if only because the income goes into his habit rather than his business.

It might have been better all around if you had turned him in, and that still is an option. You should discuss your options in detail with an attorney.

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Answered on 7/18/05, 10:19 am


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