Legal Question in Family Law in Massachusetts

Re: children

Does he have a chance? yes. Is it certain? No.

The courts will not hold children against their will, but they will act in the children's best interests. If the 14 year old wants to go, that child will likely be allowed that choice. Ten is a diffrent matter, depending on intelligence and maturity, and seven year old children are generally considered too young to know what is in their best interests. You should consult with an attorney about the details of your current arrangements.

Re: children

He does have a chance but it is not a certainty.

If the 14 yr old wants to go with with their dad, then the court might probably allow it. The 10 and 7 year old are probably too young to make any decisions regarding their living conditions.

However, you should consider how your 10 yr old (if that child did want to go) would feel if they were forced to stay with you. Think about how best to communicate the situation to the kids and how they'll react when you come to your decision.