Legal Question in Family Law in Massachusetts

Divorceing my husband

I'm am not in love with my husband for about 5 yrs now. i've stayed with him for the kids and i love my kids but now i've met someone that i love very much and we got caught together. If i file for divorce would i lose the kids for abandament or lose them or any reason?


Asked on 7/07/08, 11:37 pm

5 Answers from Attorneys

Joseph Murray Joseph M. Murray, Esq.

Re: Divorceing my husband

Retain an attorney to represent you in the divorce.

Unless there is an agreement/stipulation of the parties as to which parent should have physical custody of the children, the Court will decide what is in the best interest of the children after hearing all the facts.

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Answered on 7/08/08, 11:38 am
Gabriel Cheong Infinity Law Group

Re: Divorceing my husband

You will not automatically lose custody of your children just because you had an extramarital affair. If you've been the main caretaker of the children and you have the ability to take care of them after the divorce, the court will take that into consideration when granting custody.

The best possible way to resolve this is to come to an agreement with your husband and agree between yourselves what the custody and visitation will look like. It's always better to agree to something yourself than to have a judge who doesn't know either you or your children, decide what should happen to your family.

If you have other questions, don't hesitate to contact me.

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Answered on 7/08/08, 1:43 pm
Gabriel Cheong Infinity Law Group

Re: Divorceing my husband

You will not automatically lose custody of your children just because you had an extramarital affair. If you've been the main caretaker of the children and you have the ability to take care of them after the divorce, the court will take that into consideration when granting custody.

The best possible way to resolve this is to come to an agreement with your husband and agree between yourselves what the custody and visitation will look like. It's always better to agree to something yourself than to have a judge who doesn't know either you or your children, decide what should happen to your family.

If you have other questions, don't hesitate to contact me.

Read more
Answered on 7/08/08, 1:43 pm
Gabriel Cheong Infinity Law Group

Re: Divorceing my husband

You will not automatically lose custody of your children just because you had an extramarital affair. If you've been the main caretaker of the children and you have the ability to take care of them after the divorce, the court will take that into consideration when granting custody.

The best possible way to resolve this is to come to an agreement with your husband and agree between yourselves what the custody and visitation will look like. It's always better to agree to something yourself than to have a judge who doesn't know either you or your children, decide what should happen to your family.

If you have other questions, don't hesitate to contact me.

Read more
Answered on 7/08/08, 1:44 pm
Jessica Foley Law Office of Jessica A. Foley

Re: Divorceing my husband

It depends. You should consult with an attorney. The courts generally look into the best interest of the children when determining custody. If you are both good parents, most likely you will get joint custody.

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Answered on 7/08/08, 4:11 pm


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