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Can a drug addict demand visitation rights with baby?

Lowell, MA |

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?

Attorney Answers 3


  1. 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.


  2. 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.

    The answers to questions provided in response to the request for assistance are general in nature, and reflect information which is primarily based upon general legal principals, and may additionally reflect Ohio principles of legal practice, as this is the primary location of this Attorney's practice. As with any legal advice, the advise is general in character, and should not be put into practice without specifically consulting your local counsel, who will possess far more insight into the applicable standards and laws of your specific State, your case's specific issues and the local Rules of Court and practices of the specific jurisdiction your legal action is governed by. You are specifically instructed : Do not proceed without first discussing this matter with your own local Attorney. Provision of the answers to general questions does not constitute an act of representation, and the Attorney shall not be deemed to accept employment based upon the responses contained herein. The reader is advised that they utilize the general suggestions contained in the responses at their own risk, and under no circumstances should they disregard the advise of their present local legal counsel based upon any suggestions or opinions contained herein. Also, the bast method to discuss a case with an attorney is to do so directly, by scheduling a formal consultation in their office, bringing with you at the time of the meeting all of your relevant paperwork, including any contratcs, any Orders from Court, decrees, complaints, pleadings, etc., and any other relevant information for the attorney to review. General information via the internet is no substitute for an actual meeting with an attorney. The advice provided is provided without charge. It is also provided without the benefit of face to face discussions, so before you act--consult an attorney in person.


  3. He can ask.


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