Legal Question in Family Law in Massachusetts

Leaving the state with my kids

I have been planning on leaving my husband for quite some time know. I suspected that he was using drugs but did not have any proof. The other day I found cocaine hidden in our basement. I took a sample of it to a lab to find out for sure what it is. I have not told him about it yet. I do not feel comfortable or safe having our children around a drug user. I have plans to visit my parents (they live out of state) this weekend. What I plan on doing is confronting him before I leave and telling him that we are not coming back from my parents unless he goes to rehab. Then after he completes his rehab I will discuss whether or not we will stay together. I want to know if there's anything he can legally do to stop me from leaving with our kids. I just figured if he tried I would threaten to report him to the police for his drug use. Do you have any advice? Thanks!


Asked on 5/30/05, 5:36 pm

1 Answer from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Leaving the state with my kids

The last item first - being in joint possession, the drugs can be viewed just as easily yours as they are his. Legally, the kids are as much his as they are yours. He can just as easily go to probate court on your departure from the state, and get a temporary order for custody of the children. I am not sure that you weighed the costs and benefits, strategic and legal, of your actions. Before you leave the state, I would consult an attorney with knowledge of domestic and criminal law. You are assuming your strategy is going to be accepted and adapted by your husband.

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Answered on 5/30/05, 6:06 pm


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