Legal Question in Family Law in Massachusetts

I have two children, one is fifteen and the other is thirteen. My marriage is over, but no legal action has been initiated on my side of things. I can no longer afford the mortgage payment on our house, my wife refuses to pay anything towards it at all. The house payment is currently two months behind. I have explained the situation to my 15 year old and have been told he/she would move with me to my fathers house. I have only generally been explaining things to the 13 year old. I am obviously not going to separate the children willingly. I need to know whether or not a father can legally leave the family home with the children. ANY help is appreciated.


Asked on 4/15/12, 4:53 pm

1 Answer from Attorneys

I suggest you consult with an attorney as soon as possible. Removing the children permanently from the home without a court order or consent of your spouse could result in hurting your rights to physical custody.

Your wife if she is earning an income has an equal obligation to maintain the family home as well.

Please feel free to contact me at my office.

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Answered on 4/15/12, 5:47 pm


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