Legal Question in Family Law in Massachusetts

I recently learned that my grandmother had a prior marriage in the 1940's. She committed adultery and was divorced in 1943. I know that adultery is still illegal in the state of Massachusetts, though not enforced. My question is in custody of minor children. I know times were different, but she had two young sons, 1 and 3 years old. Her husband was at war, but she apparently lost custody and they were raised by their paternal grandparents. I can easily accept my grandmother's former marriage and even can somewhat believe the affair with her husband away. For all I know, he was presumed dead. I am having great difficulty comprehending the fact that she abandoned two young sons. Her eldest, now 71, claims it was because she was the guilty party and committed adultery. He grew up being told she was dead. Would this be the norm for a woman in 1940's Massachusetts that committed this crime, would she automatically lose custody of her children?

Asked on 8/24/11, 9:00 am

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

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Answered on 8/25/11, 10:08 am

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