Legal Question in Family Law in Massachusetts
Complicated.....
I live in MA. I took my two sons and daughter(daughter by current husband) and tried to visit sick dad in CO. Husband called police and issued amber alert (afraid I was leaving him) and I lost custody of my daughter. My sons flew to Colorado so they would not be around controlling husband and now live with my sister until I get custody of my daughter back. How can my husband make up lies about drug abuse and mental accusations and take my daughter away? How can I get her back and live happily in CO with my family? I have a lawyer but he is very expensive and I miss my daughter! I filed for divorce and I don't even have unsupervised visitation for my daughter. I am so upset at the legal system. Please help!!!!
1 Answer from Attorneys
Re: Complicated.....
You have an attorney and I suggest you rely upon him/her as he/she has more facts than anyone to evaluate in answering your question.
Without proof that you were fleeing the jurisdiction with your daughter, the court will not deprive you of custody. However, you need to demonstrate your intent to return to MA after the visit. Moreover, the court will not under this assertion be inclined to grant you the right to move to CO, without a substantial reason for same.
The court will look at what is in the best interest of the child not you, her half-brothers or husband. Depending upon on how old your daughter is, she may have significant impact on who gets physical custody.
Good Luck.
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