Legal Question in Family Law in Massachusetts

Child Custody

Husband filed complaint for divorce Dec 2004. My atty against my wishes got me sole custody. In april 2007 our divorce was dismissed does this mean sole custody I have is now null and void. we are trying to work things out and have been since we do not want to be a statistic. we had dismissed our attorneys almost 1.5 years ago. We cirrently do not live together yet and neither of us has an attorney now. My husband thinks I still have sole custody which I never wanted in the first place


Asked on 5/20/07, 3:14 pm

2 Answers from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

Re: Child Custody

Under the facts you describe, the temporary custody order was dismissed when the legal action was dismissed, as a temporary order of custody cannot exist without a legal action affecting custody.

However, if the case was not dismissed, the order continues.

If you have any doubt, you should confirm with the court as to whether any open action exists.

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Answered on 5/20/07, 3:56 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: Child Custody

I agree with Greg.

Once an action is dismissed, all that ocurred within the action is gone. You each have the rights that are acquired by law as parents.

To involve the court, you must file a complaint for divorce or the like.

Should you have any questions, or need assistance, contact me.

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Answered on 5/20/07, 4:38 pm


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