Legal Question in Family Law in Massachusetts

I'm married and have one child in college and one child living with me and my husband. I would like to leave my husband, but I think he will try to talk me out of it. I want to move into a different apartment in the same town with my younger daughter who wants to leave with me. She has good relations with me, but not with my husband. I am not against my husband visiting my daughter as often as he wants. I don't want to file legal separation or divorce yet, and I'm not sure if my husband will sign any separation agreement. Are there any things we should consider before we move out? If my 15 year old daughter comes with me, without the father's consent, will there be any problems with me getting child custody if we file for divorce eventually? Is it considered kidnapping if I take my daughter with me, who wants to go, without my husbands consent?


Asked on 8/09/10, 1:11 pm

1 Answer from Attorneys
Suzana Urukalo Kajko, Weisman & Colasanti, LLP

Hello,

First let me start by saying that it is extremely important that you consult with a divorce attorney prior to acting on any decisions you make, as they can lead to negative outcomes if you do eventually get a divorce.

Moving out with your daughter is not kidnapping. However your husband can obtain a court order asking for an order of custody.

If you are interested in a free consultation you can contact me at 978-276-0777 or via email at [email protected].

Thank you,

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Answered on 8/14/10, 1:23 pm


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