Legal Question in Family Law in Massachusetts
step parent
My husband and I have been together for 13 years. Married for 5. he has a 16 year old boy and a 14 year old girl that I have been parenting with him during this time. We also have a child together. He has split custody with his ex -wife. She has threatened to get a restraining order out against me for picking up her son at her house during our custody time at my husbands request. She was not home. We have had this arrangement for 10 years.She threatens these things all the time. Can she do this? Am I a legal guardian because we are married?
1 Answer from Attorneys
Re: step parent
This is a dangerous situation. You must protect yourself from such a situation.
This is an abuse of the restraining order process. To obtain a restraining order she would have to allege that your put her in reasonable fear of imminent harm. Picking up a child alone is no basis for a restraining order. At the same time, you need to protect yourself.
Your married status does not make you the legal guardian.
You can contact me at my office for a complimentary consultation if you have any further questions, or need assistance.
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