Legal Question in Family Law in Massachusetts
I want to obtain an emergeny protective order for my son who is living out of state with his mother and her boyfriend. He is 9 years old. He informed me that he regularly witnesses screaming fights between his mother and boyfriend and has witnessed them fist-fighting multiple times. He has even stepped in between the two of them to attempt to protect his mother but was never hit. I have already started the process of trying to obtain full custody of him as well. He also tells me that his mother frequently tells him "Don't tell your father about this." Does this emotional abuse qualify for an emergency protective order?
2 Answers from Attorneys
You will have to check with the domestic relations laws in the state that your son is currently residing in. It sounds as though your child is a resident of another state. If that is correct than Massachusetts does not have jurisdiction and you will have to petition the family court in that state.
I hope that helped at least a little.
If you were divorced in Massachusetts and the Family Court here retained jurisdiction over custody and support you may be able to file a complaint here for Modification of the Judgment and seek an emergency temporary order for temporary custody pending a hearing on the merits of the Modification Complaint. You may wish to retain an attorney to assist you with this, Good Luck.
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