I have a question regarding custody in a pending divorce.

Additional  Information:

My estranged husband is currently incarcerated in the Worcester county jail and sent me divorce papers. His mother has “temporary custody” of our children. There currently are no court dates about custody, but I do expect to take her to court for custody in the near future. The divorce papers state “there is no litigation pending concerning custody of minor children”.  Would it be safe to sign these papers, or could that jeopardize me going to court for custody in the future? Or does it just mean there is no litigation presently? I really want to finalize our divorce, please advise. Thank you.

ATTORNEY ANSWER:

I would need additional  information to provide a thorough answer to your question.  You indicated that his mother has temporary custody, but I am unclear if it is through a court order or an agreement reached outside of court proceedings.  If there is no court order in place regarding the custody of the children then you should address the issue as part of your divorce proceedings.  As it is now, the longer his mother has custody of the children the more difficult it could be to regain custody.  The court always looks to what is in the best interest of a child and disrupting a child’s routine is not something the courts like to do.  If you choose to allow his mother to retain custody, I can see several issues in the future regarding you regaining custody of your children.  I would advise that you seek the services of an attorney in your area before signing anything, because it appears that the custody issues need to be addressed as part of the divorce proceedings.  [Read more…]