Legal Question in Family Law in Massachusetts

Xboyfriend is in prison and i want to get custody of my son

I went through a custody battle from april to july of 2005 and lost custody. Reason they said was, i waited too long to come and get custody of son after being discharge from army. Recently found out that my xboyfriend is sentence to 2 years and half in prison. He entered prison in sept 15, 2005.Now he's in prison and i would like to get custody of my son. I want custody of my son and would like to do this the right way.


Asked on 1/02/06, 8:17 pm

2 Answers from Attorneys

Maria Murber Law Offices of Maria Murber, PC

Re: Xboyfriend is in prison and i want to get custody of my son

Your inquiry is something that could only be advised by knowing all the facts involved regarding why you lost custody, etc.

The only advice I can offer is to discuss this in-person with a qualified family law attorney.

I suggest you contact entities such as, Massachusetts Bar Association/Lawyers Referral, Boston Bar Association, Essex County Advocates, etc (contact numbers can be found online). If you are on a lowered income, these entities may offer reduced attorney fees.

If you are having trouble finding contacts for these entities, please feel free to email me or call me for further information.

Sincerely, Maria Murber

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Answered on 1/02/06, 8:46 pm
Raymond P. Bilodeau Law Office of Raymond P. Bilodeau

Re: Xboyfriend is in prison and i want to get custody of my son

You need to file a complaint for modification. There is no filing fee, but you will have to serve the exboyfriend with a summons and copy of the complaint. You don't give much information to say much more. How old is your son? Who has custody of him now? How did this person get custody? I'm not sure I understand the reason why you lost custody. Why did you wait "too long" and how long was "too long?"

Any hearing will be complicated by the need to have the exbf attend the hearing, which will require either a habeas corpus issued by the probate judge or arranging for a telephonic hearing, not available in all courts. What court is the custody matter in?

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Answered on 1/02/06, 9:33 pm


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