Boston, MA asked in Child Custody for Massachusetts

Q: I am in a custody battle, with potential trial in August. My fiance and I are getting married

I left my ex when he was cheating again and he then moved in, knocked up and married the other woman. 50/50 verbal agreement was working the best possible. 1 year later I took my ex to court because he began withholding our children from me when I told him I was in a serious relationship. We have a temporary order in place for 1 year now of 50/50 1 week on 1 week off. Covid has delayed court proceedings. My fiancé and I are getting married and I need to know if it will be helpful. My ex constantly brings up my fiancé past and badmouths him. I had a lawyer tell me my fiancé past is a problem amd I will lose my case because he has domestic charges from 5 years ago. My fiancé and I are the happiest we have ever been not in cheating lying relationships like we were in our past. We are consistent in my household, I do my best to communicate children's factors only with my ex. Can I get married and it benefit me because we shouldn't be made to feel like we can't be together.

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1 Lawyer Answer
Lillian J. LaRosa
Lillian J. LaRosa
  • Divorce Lawyer
  • Woburn, MA
  • Licensed in Massachusetts

A: So, domestic abuse is a serious allegation and you have not stated the outcome of the charge(s) either. The Court would need to find that there is no risk to the children from being around this individual despite your romantic attachment and the Court could potentially grant father custody. Having extramarital affairs is not considered to be the end of the world for the Court unless the children are affected. Safety and well-being are the paramount issues.

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