Legal Question in Family Law in Massachusetts

Wife having affair with know abuser

"My wife (we are seperated but not legally) has custody of our children ages 6 girl 9 boy and family home. i decied it would be better for the children to be with me . during that time the children kept asking why their mother wasn't spending time on with them on her weekends. i This known person has a very long record,with lots of convitions for violence,most recently as june of 1999. this person is also an acoholic, past drug user i don't have knowledge if he is a current use. he is current on parole/probation.

. At that piont i had told her that i didn't belive she was making responsible desion with the best interest of the children in mind and i was fileing for devorce and custody. Prior to our seperation in or about in march 1999 I was the primery caretaker of the clidren where as she worked full timeand i was a stay at home dad for the prior three yrs. My question is what can i do about keeping this convited felon away from my children and can i use this information in obtaining custody of the children and family home . It should also be noted that i have already filed under not fault divorce (irretrievable breakdown). "


Asked on 11/09/99, 10:44 am

2 Answers from Attorneys
Alan Pransky Law Office of Alan J. Pransky

Re: Wife having affair with know abuser

Unless you can show how this individual is harmful to the children, it sounds like you are trying to break up this relationship by using the children. The standard is the best interests of the children. As a general rule, a criminal record is not sufficient to terminate a relationship.

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Answered on 11/12/99, 7:20 pm
Barbara C. Johnson Law Office of Barbara C. Johnson

Re: Wife having affair with know abuser

If you believe the children are being harmed by

your wife's boyfriend, then you should amend

your complaint for divorce to add the prayer that you want custody of your children.

There should be an attorney (the "attorney for the day")

at the courthouse who will help you do this.

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Answered on 11/13/99, 12:13 am


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