Legal Question in Family Law in Massachusetts

Re: emergency custody

yes.

You do not relate the nature of the abuse. Without this, it is impossible to understand the situation.

Abuse is a conclusion not a fact.

Re: emergency custody

You need to call DSS and go to Court if you have a real concern. If you fail to return him per the court's order, you will in contempt. If you do not have evidence of significant physical abuse or neglect, you need to weigh your actions carefully. Failure to return the child can be charged as the crime of custodial interference.

Your e-mail suggests that the father has custody, which is a reversal of the usual pattern. That alerts any experienced family law attorney to the likelihood that you lost custody in a prior custody contest, and it will alert law enforcement and DCF to that likelihood. This in turn creates a question, if not a presumption, of whether you are overreacting to something, or fabricating something. Thus, if you do not have significant evidence of abuse, yo are at significant risk of legal repercussions.