Legal Question in Family Law in Massachusetts

Re: planning divorce

I agree with the two other attorneys. The only imput I can give you is if you are on a limited income you may qualify through laywer's referral, The Boston Bar or any other entity that evaluates your income to see if you qualify for a lowered attorney rate. These entities can be found online. If you can't find these entities please feel free to email me and I will give you the numbers. Sincerely, Maria Murber

Re: planning divorce

A physical disablitity does not make you an unfit parent. However, your wife's abuse and abandonment of your two children do make her unfit. You should retain an attorney and start to build your case. Document what activities you are responsible for in the day to day lives of the children. Call me if you have any particular questions.

Re: planning divorce

I agre with Weicker. At present, the disability alone will not impede custody. You must create and maintain a calendar that details, by date and events, each day you have the kids, and what you do for them and with them.

A judge will take into account your medical condition, and will probably express some concern about your future ability to be a custodian. You will have to be ready for this.

The best chance for maintaining sole physical custody is while the kids are with you. Should that change, this could be more of a problem. At this point, both of you have an equal right to the children. So if your wife decides to take the kids, there is nothing to stop her. By going to court, you establish yourself as a custodian, and ask the court to continue this situation. This is done so not a court order says where the kids belong.

If you have any questions, you can contact me.