Legal Question in Family Law in Massachusetts
child custody
my ex-wife died on nov. 1, her husband is trying to get custody of my two sons, is this possible?
5 Answers from Attorneys
Re: child custody
not from what you described. Trying is not the same as success.
Re: child custody
You should be represented in a custody battle such as this.
Re: child custody
So long as you are a fit parent, you have a paramount claim to custody of your own children. This is a matter of Constitutional law, not merely family law. If you would like an additional consultation, please feel free to contact me.
Re: child custody
Assuming these are your children and not his, you have a constitutional right to your children.
If the two children were adopted by you and were formerly his, you still have a right to the children that he gave up.
If they were his children and you are the step-father, well you still have rights although not as strong as the prior two descriptions.
In any custody battle you should have an attorney. If he has filed a custody petition, you need to get an attorney immediately.
Re: child custody
First, I am sorry for your loss.
If you wish to seek custody of your sons, you should immediately retain an attorney to petition the court to recognize your Constitutional right to custody of your sons and oppose the petition of anyone else to obtain custody of them.