Legal Question in Family Law in Massachusetts
Marriage Annulment
I will be 20 years old next week and have a 13 month old daughter. I was married in MA on 7/29/05. I know this will not work; my husband is emotionally abusive and shows signs of abuse to my daughter. I do not want to lose custody of my daughter and I know he will fight me for her and even lie to gain custody of her for himself. Is it in my best interests to get an annulment to ensure that I will not lose my daughter? What is the time frame to be allowed an annulment? His parents have money and will fight this to the bitter end. Please help?
1 Answer from Attorneys
Re: Marriage Annulment
You must know that free information from a website is not what you need. You need to get a lawyer, especially if you anticipate a battle.
You suggest that the father might have some grounds for asking for custody, but you don't say anything about what that might be. You also imply he is abusing your daughter, but again no details.
Generally, it will be difficult for the father to get sole custody of a child so young, expecially if he has no experience or training in caring for an infant or toddler.
An annulment is granted only if there was some kind of fraud or coercion in getting you to marry him (the fraud has to be related to getting you to marry him) or if he was married at the time of your marriage. It has no automatic effect on custody. The child will be his whether you have an annulment or not.
I am assuming the daughter is his child, of course, even though you do not say so. Get a lawyer.
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