Leone Law Offices

How do I ensure shared custody of our daughter?


Additional Info: I am getting a divorce and my husband and I are on good terms for the most part.  We live in Wellesley MA and have agreed that I will stay in the house and have agreed to shared custody of our daughter.  His lawyer sent me papers but stated quite a few things that my spouse is saying he never said. Including things like I am mentally cruel, and neglectful of duty. I wanted this done in an amicable way for our daughter’s sake.  I am going to hire an attorney soon but was wondering does it seems like his lawyer is setting it up to ask for sole custody, should I do the same?

Attorney Answer

You can call the attorney directly and ask why he put such statements in the papers he sent you, unless you hire an attorney, then you can ask your attorney to do it.  It may be that your husband is not being honest with you and that he is driving his attorney to seek custody when he is telling you something completely different.  You didn’t mention what “papers” his attorney sent you.  If they are related to a joint petition and there is an agreement ready to sign, be careful to review the document and pay special close attention to the child related sections to make sure it accurately reflects what you and your husband agreed to.  If it’s a complaint for divorce and he is alleging cruel and neglectful behavior, then it appears that your husband and his attorney are either not on the same page or your husband is lying to you.  You have twenty (20) days to answer the complaint and you can deny the allegations and file a counterclaim with your own allegations and prayers.

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