If my husband is adrug addict and we fight terribly in front of our 8 month old son, can I make him leave our home?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my husband is adrug addict and we fight terribly in front of our 8 month old son, can I make him leave our home?
My concern is that he will not have to leave the household because we are legally married. His name is not on our rental agreement. He is the biological father of our child. He is injecting the drugs. He is not violent with me or our son; he is verbally abusive. I do not want our child to grow up in a house with drugs.
Asked on January 26, 2012 under Family Law, Ohio
Answers:
Kelly Broadbent / Broadbent & Taylor
Answered 12 years ago | Contributor
You may be able to file a restraining order citing the verbal abuse as well as the drug use in such close proximity with the child as reasons. In Massachusetts, you have to demonstrate that you are reasonably afraid of physical harm to prevail on the restraining order. The court may take into account the fact that he is using drugs which could cause him to be unstable.
If you are unsuccessful with a restraining order, you may want to file a petition for divorce or legal seperation in the probate and family court, along with a motion for temporary orders to determine who remains in the marital residence.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.