Legal Question in Family Law in Massachusetts

child custody

my ex-wife died on nov. 1, her husband is trying to get custody of my two sons, is this possible?


Asked on 11/10/08, 2:48 pm

5 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: child custody

not from what you described. Trying is not the same as success.

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Answered on 11/11/08, 3:03 pm

Re: child custody

You should be represented in a custody battle such as this.

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Answered on 11/10/08, 3:13 pm
Gregory Lee Gregory P. Lee, Attorney at Law

Re: child custody

So long as you are a fit parent, you have a paramount claim to custody of your own children. This is a matter of Constitutional law, not merely family law. If you would like an additional consultation, please feel free to contact me.

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Answered on 11/10/08, 3:22 pm

Re: child custody

Assuming these are your children and not his, you have a constitutional right to your children.

If the two children were adopted by you and were formerly his, you still have a right to the children that he gave up.

If they were his children and you are the step-father, well you still have rights although not as strong as the prior two descriptions.

In any custody battle you should have an attorney. If he has filed a custody petition, you need to get an attorney immediately.

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Answered on 11/10/08, 4:18 pm
Joseph Murray Joseph M. Murray, Esq.

Re: child custody

First, I am sorry for your loss.

If you wish to seek custody of your sons, you should immediately retain an attorney to petition the court to recognize your Constitutional right to custody of your sons and oppose the petition of anyone else to obtain custody of them.

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Answered on 11/10/08, 6:28 pm


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