Legal Question in Family Law in Massachusetts

Re: family law-custody

Your husband should retain an attorney to oppose whatever action the biological mother has filed and perhaps request that the court appoint a guardian ad litem to determine the wishes of the children an what would be in their best interest. Good Luck!

Re: family law-custody

It depends on who filed the complaint for modification.

Re: family law-custody

If the children's attorney is a guardian ad litem; he/she will make a recommendation to modify visitation.

I would suggest if you do not have an attorney you get one immediately.

The issue is not only what the children want but why. It is also an issue on how this will impact the children's education.

Giving the children more time with their mother is not an unreasonable request, assuming the mother's behavior is appropriate.

As to dismissing the custody petition, it will only result into a change in visitation anyway.

Good Luck.

Re: family law-custody

The mother can "say" whatever she wants. The issue is, what has she done to make it a reality? Has she filed for a modification in the family courts?

If she has, I would ask the court to appoint a guardian ad litem at this point because the children are old enough to verbalize their thoughts and might be meaningful for the court to consider.