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?

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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 9 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.

 


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