Legal Question in Family Law in Massachusetts
My 2 sons are 12 and 14. My husband has been cheating on me for a few months. My children know and do not want to live with him if we get divorced. What is the law in MA regarding this issue?
2 Answers from Attorneys
Hello,
Physical custody of the children is determined by what "the best interests of the child" are. That being said there are several factors that would help in determining which parent should have custody of the child including who the primary caregiver has been. Although a minor child cannot decide which parent they want to live with, a Judge can consider a child who is 14 or older's preference.
I recommend that you speak with an attorney prior to moving forward in your divorce. If you are interested in a free consultation you can contact me at 617-523-3200 or via email at [email protected].
Thank you,
The courts determine custody on the best interest of the children-so if it is in their best interest to live with you then you would be granted custody. My office has handled numerous such cases and generally with great success to our cleints-774-745-0562 call us anytime to discuss the case.