Legal Question in Family Law in Maine
Physical Custody
My Nephew and his girlfriend of 7 years just seperated. THey have three children together, she has moved her and all three kids 5 hours away from him. Before she had left, for about 2 months she had met a guy on the internet and was sending nude pictures of herself while the children were home. Now that she has moved, she is moving her and kids in with the guy from the internet. She is constantly leaving them with family members and my nephew is worried about the quality of life the children will have. Is this enough to build a case and try to have physical custody?
1 Answer from Attorneys
Re: Physical Custody
Your nephew should seek an attorney for guidance immediately. He needs to beat a six-month clock, for starters -- it sounds like there has been a move out-of-state. He needs to keep the case in Massachusetts courts.
Sexual activity is not an absolute determinant of physical custody. The effect on the children, though, and the effect of the sudden switch away from dad -are- relevant. Your nephew needs to get the case into court and develop his claim