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My wife has a 16 year old daughter that she tried to get physical custody of last year and was denied. We are now getting divorced and she wants physical custody of our 2 year old son. Can I or the court get information on why she was denied custody of her daughter, and can that be used to help my case for physical custody of my son? She also has been diagnosed with bi polar disorder and not sure if that played a part in her daughters case. Thanks in advance..

Editor's Response

I honestly have not done enough divorce and custody work to have an opinion about whether that information would be discoverable or admissible.  I would recommend talking to an attorney who does divorce work in MA.  Follow this link to a post with more information about factors in child custody decisions.

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