Legal Question in Family Law in Massachusetts
My ex wife has sole legal custody of my 16y/o son and 14 y/o daughter. seven months ago she kicked them out and is always telling them she wants to die. I figured before going back to court establish they live with me for several months so she cant say im unfit. now we are fighting and she is telling me she will show up with police to take them. Can i file a temp restraining order on there behalf or do something to prevent her forcing them home before we go to court for a change of custody. She is mentally and physically abusive. They want no part of going back to her home.I still pay support even though they have lived with me since july 2013.
2 Answers from Attorneys
You need to file an Emergency Petition for Temporary Custody and a request for a protective order coupled with a Petiton for permanent physical custody.
To do this I suggest you retain an attorney. I can recommend someone to you if you like.
You should file an emergency petition for custody and a motion for short order notice to address the issue in court immediately. A restraining order may be appropriate depending on the specific facts and history.