Legal Question in Family Law in Massachusetts
my ex husband (father of my son) was remarried and subsequently separated (living separately for 12 months), I know his soon to be ex wife had access to my son, but since they are legally separated what are her rights now? They are not divorced due to lack of funds but she still comes around now and then and we have had past issues, can I keep her from my son even though their divorce isn't' done yet?
2 Answers from Attorneys
If I understand your question, your ex-husband's wife never legally adopted your son. If that is the case, she really has no legal right to custody or visitation of your child under traditional legal analysis. She did not become a legal parent simply by marrying your ex husband, and your son's visitation and custody arrangement is between you and your ex husband.
She has no legal rights by operation of law.
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