My husband is a struggling heroin addict. We have a 4 month old daughter. I have moved out with the baby but he still wants to see her. He has agreed to take random drug tests and enroll in a recovery program (we have a notarized agreement). Could he take me to cort and demand visitation?
Elder Law Attorney
He could take you to court, but that doesn't mean that he'd get unsupervised visitation.
The court would appoint a guardian ad litem to investigate your situation and that of your husband and then make recommendations about appropriate terms of visitation. Depending on what the judge deems to be the best interest of the child, that may be no visitation (unlikely), supervised visitation or unsupervised visitation. It all depends on the facts of your situation.
E. Alexandra "Sasha" Golden is a Massachusetts lawyer. All answers are based on Massachusetts law. All answers are for educational purposes and no attorney-client relationship is formed by providing an answer to a question.
There is an old saying. "Asking" and "Getting" are two different things. Anyone can file a motion-- but filing it and winning it are different things.
Nearly every Court I have ever practiced in and has dealt with these issues-and
Judges require a significant length of sobriety before granting even supervised visits--but make sure the Judge knows the issue exists when you go to Court. Good Luck.
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He can ask.
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