I am sorry that she is putting you through this. Your divorce agreement may speak to this, if it does not and you have any proof that she is drinking while watching your kids, collect that proof along with the cigarette issue and file a complaint for modifciation, asking that she not be the babysitter, or if there is something in your divorce agreement that speaks to this, it may be a contempt. Take care.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.
Your divorce agreement will probably dictate the resolution to this issue. If your ex has limited parenting time (formerly known as visitation) and not shared parenting then he should not be leaving your child with anyone without your knowledge and consent. Have an experienced attorney review your agreement/Judgment to determine whether a contempt or modification may be appropriate.
If you feel that their health, safety and well-being are being placed at risk as a result of the girlfriend watching the children, then you have the right to inquire further, and, possibly, involve the Court if you and your Ex cannot agree otherwise. He is entitled to seek child care he deems appropriate during his parenting time, but cannot place the children at risk. If this woman is smoking and drinking while watching them, then I suggest you speak with your Ex first, express your concerns; if he is not receptive, you can seek the Court's intervention in this regard by filing a Complaint for Modification.
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