Legal Question in Family Law in Massachusetts

Re: Child Removal

In Massachusetts 18 years old is considered an adult and you are no longer obligated to provide housing or support him/her legally.

On another note, Please see Massachusetts General Laws Chapter 209A, "the Massachusetts Abuse Prevention Act, defines abuse as the occurrence of one or more of the following between family or household members:

a) attempting to cause or causing physical harm;

b) placing another in fear of of imminent serious physical harm;

c) causing another to engage in sexual relations be force, threat or duress."

In order to get a restraining order and have him/her removed you need to "show cause."

However as I stated above, if he/she is 18 years old, they are considered an adult and you are not legally obligated to take care of him/her.

With that being said, your spouse seems to want him/her to stay and they also have a right in the property.

However, if what you said is true that you are in fear of your life, liberty and property and for good reason, then what you need to do is obtain a restraining order and have them physically removed. A restraining order is obtained through the courts. Go to the District or Family court in your county and tell the clerk you would like to fill-out the paperwork for a restraining order. You will have to go before the judge in order to obtain one. Good luck!

Sincerely, Maria Murber