Legal Question in Family Law in Massachusetts

What rights do I have to keep a "homewrecker" away from my children? This woman pursued my husband even after I told her how badly she was hurting my children and she continued. My husband left us for her and my son hasn't talked to his Dad in 4 months (had to go to therapy etc.). And now my husband is threatening to bring her around the kids when he gets a chance. My children of course don't want this at all and now my daughter is backing out of visitation with him.


Asked on 8/20/09, 8:59 am

3 Answers from Attorneys

Nicole Reeves Lavallee Reeves Lavallee, P.C.

If you can prove that the children seeing this woman would be a detriment to the children then you would have to go to court and effectively make any court order for parenting with with the father states that he is precluded form bringing the children around this woman. It must be detrimental to the children, not you. You must be able to prove such.

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Answered on 8/25/09, 10:14 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

If you believe that her presence would pose a risk of physical or emotional harm, then you can petition the court. Homewrecking along is no grounds for the court's involvement.

Be careful, without the court's action, you can usually not decide to avoid obeying the existing orders of the court.

If you need help, contact me.

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Answered on 8/25/09, 10:58 am
Gregory Lee Gregory P. Lee, Attorney at Law

The Court is going to try to balance the children's interests in the issue with the fact that Father is going to move on -- whether he winds up with Homewrecker or someone else. In addition, you may end up with someone else, too.

You do not have the right to dictate the terms of visitation without a good reason to believe that the children are harmed. The counselor may become an element of this.

As has been stated in the prior answerrs, the court will distinguish YOUR anger and hurt from the children's. Almost any judge is going to see this as partially YOUR issue, whether you believe or like it or not. the court is likely to urge or order that you deal with YOUR transmission of your anger and hurt to the children. As this is a virtual certaintty, I have to strongly recommend that you beat the court to the punch. get into counseling, and learn how to separate the two issues, for the best interest of the children AND your long-term success as a custodial parent. If you spiral too deeply into the wrong end of this issue, you help no one.

I'm not suggesting that you forgive her. Just learn that, like it or not, she exists, and that the court will let her be a part of the kids' lives providing that she's not a real psyche case or axe murderer.

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Answered on 8/25/09, 11:08 am


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