Legal Question in Family Law in Massachusetts
Divorceing my husband
I'm am not in love with my husband for about 5 yrs now. i've stayed with him for the kids and i love my kids but now i've met someone that i love very much and we got caught together. If i file for divorce would i lose the kids for abandament or lose them or any reason?
5 Answers from Attorneys
Re: Divorceing my husband
Retain an attorney to represent you in the divorce.
Unless there is an agreement/stipulation of the parties as to which parent should have physical custody of the children, the Court will decide what is in the best interest of the children after hearing all the facts.
Re: Divorceing my husband
You will not automatically lose custody of your children just because you had an extramarital affair. If you've been the main caretaker of the children and you have the ability to take care of them after the divorce, the court will take that into consideration when granting custody.
The best possible way to resolve this is to come to an agreement with your husband and agree between yourselves what the custody and visitation will look like. It's always better to agree to something yourself than to have a judge who doesn't know either you or your children, decide what should happen to your family.
If you have other questions, don't hesitate to contact me.
Re: Divorceing my husband
You will not automatically lose custody of your children just because you had an extramarital affair. If you've been the main caretaker of the children and you have the ability to take care of them after the divorce, the court will take that into consideration when granting custody.
The best possible way to resolve this is to come to an agreement with your husband and agree between yourselves what the custody and visitation will look like. It's always better to agree to something yourself than to have a judge who doesn't know either you or your children, decide what should happen to your family.
If you have other questions, don't hesitate to contact me.
Re: Divorceing my husband
You will not automatically lose custody of your children just because you had an extramarital affair. If you've been the main caretaker of the children and you have the ability to take care of them after the divorce, the court will take that into consideration when granting custody.
The best possible way to resolve this is to come to an agreement with your husband and agree between yourselves what the custody and visitation will look like. It's always better to agree to something yourself than to have a judge who doesn't know either you or your children, decide what should happen to your family.
If you have other questions, don't hesitate to contact me.
Re: Divorceing my husband
It depends. You should consult with an attorney. The courts generally look into the best interest of the children when determining custody. If you are both good parents, most likely you will get joint custody.