Legal Question in Family Law in Massachusetts

child custody

A few months ago I left my husband and took my children to live with my parents out of state because I found out he's a drug addict. He's addicted to cocaine and crack. Since we've left I've even found out from several of his family members that he has let 2 drug dealers move into our home. His behavior since I've left has been outrageous. I have about an hour of messages saved on my answering machine where he's called and left screaming messages with all sorts of vulgar language. I have'nt filed for divorce yet but am planning on doing so within the next week. He seems to think that he can goto court and they will make me return to MA with the children and that I broke the law by leaving the state with them. The main reason I left, other that the fact that his drug use was putting myself and our kids in a dangerous situation, was that my parents were the only people I had to watch the kids for me while I worked. He also seems to think that he will get joint custody of the kids because I have no proof that he's an addict. I think at some point before I met him he may have been arrested for drug possesion. I was'nt sure if that could be used at all. Is it true that it would be his word against mine?


Asked on 9/14/05, 11:22 pm

1 Answer from Attorneys
Maria Murber Law Offices of Maria Murber, PC

Re: child custody

You may want to obtain a restraining order if you feel that you are in imminent danger and/or if there is a past history of abuse, if what you are saying is true. In addition, if you are planning to file for divorce out of state, you have to look up the laws in that state as to how long you have to live there to be able to do that. It may be his word against yours; however, if when you go to court and tell the judge of your concerns, the court can order drug testing on him. If he has a history it is very easy for the judge to obtain it. Please seriously consider retaining an attorney to assist you in this matter. Good luck! Sincerely, Maria Murber

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Answered on 9/15/05, 6:45 am


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