Legal Question in Family Law in Massachusetts

Divorce

Going through a divorce with an ugly custody battle and the judge hasn't made his decision on the custody yet and come to find out my soon to be ex is pregnant! Not sure what I can do or what the judge can do; don't want the custody delayed though? The GAL did give me custody on his report and i'm not sure how this plays out. Please advise?


Asked on 4/13/08, 9:01 pm

3 Answers from Attorneys

Joseph Murray Joseph M. Murray, Esq.

Re: Divorce

If you are being represented by an attorney in your divoce action you should be asking these questions of that attorney. If you are not represented, you should retain an attorney to represent you, since there is a presumption that any child conceived during a marriage is the child of the parties. But that presumption can be rebutted by a paternity test. Good Luck!

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Answered on 4/14/08, 4:17 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: Divorce

Whose child is it?

You do not say what the potential impact is on the custody matter, and what is the custody matter.

If you have more specific information, I can provide a more specific answer; so please contact me.

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Answered on 4/14/08, 12:51 am

Re: Divorce

I would assume you are represented by counsel and so given his knowledge of the case it is unlikely my opinion will be better than his.

Nevertheless, the judge is obligated to act in the best interest of the child. Given the GAL report, you can ask the judge for temporary custody pending a final decision if he wants to delay the final decision.

I have question, which is a little in-delicate. Is the unborn child yours? I do not know the reason for divorce, but if there was an affair and you are unsure of the parentage of the unborn child, you can ask for a paternity test.

Regardless, I wish you good luck. If you need assistance, please feel free to contact me. But I assume based on the GAL report your current counsel is doing a good job for you.

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Answered on 4/14/08, 10:46 am


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