Legal Question in Family Law in Massachusetts

Re: divorce and health issues

Your message is a little confusing.

Are you saying that the parents are still in court. A divorce petition has been filed, and there has been no trial and no settlement.

If this is accurate, then there is no ex-spouse. The people are still married, even if they are separated.

If one spouse who is the custodial spouse has the children, and that spouse is so injured that the ability is impaired, then the other spouse can and should petition the court to get a change of custody. These are temporary orders that can be modified, with cause, at any time with notice.

The parents of the injured spouse rately come into play in this situation. Of course, if the other spouse is unable or incapable of assuming custody of the children, then the Court can designate a guardian for the children. THis may require a petition for temporary guardianship.

You can see this could get a little complicated. I hope the injured parent has an attorney that can assist her. If not, this may require the assistance of an attorney.

If you wish to discuss this matter, you can email me or contact my office at 978.749.3606.