Legal Question in Family Law in Massachusetts

can I be arrested for keeping my children with me instead of sending them with my ex husband for his scheduled weekend? There is currently a screened in 51A for neglect on my ex. The children told a counselor about how their father always drives drunk with them and usually with an open container. DCF has not yet substantiated the 51A but the investigation will still be open next weekend when they are supposed to go. I can't in my right mind send them, I am so afraid for their safety.


Asked on 6/17/12, 12:54 pm

1 Answer from Attorneys
Wyckoff Nissenbaum The Law Office of Wyckoff Nissenbaum

You can not be arrested without a civil arrest order called a Capias. This does not mean that you should just take the law into your own hands, because the court does not like parties that partake in self-help.

I suggest that you go to the Probate and Family Court in your county and file an emergency motion/pleading requesting a modification to the parenting plan due to the allegations in the 51A.

If you require assistance do not hesitate to contact my office at 617-410-6467.

Read more
Answered on 6/18/12, 11:34 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Massachusetts