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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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I fled the marital home in MA with my 4 children to NC. My

Resolved Question:

I fled the marital home in MA with my 4 children to NC. My husband was able to get temporary legal and physical custody. Can I return to the marital home to be with my children?
Submitted: 7 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 7 years ago.
Can you tell me the reason why you fled the home?

And to confirm there are no court orders regarding access to the property?


Customer: replied 7 years ago.
I fled from abuse. My husband is abusive to the children and myself. (we had an open case with DSS but the case worker just encouraged me to leave with the children so I did). There are no orders regarding access to the property. All the modification of the stipulation said is that he would get temporary legal and physical custody of the children.
Expert:  Attorney & Mediator replied 7 years ago.
Thank you for your reply.

To answer your question since there is nothing restricting access to the home, you can return. My concern however is that you return to further abuse. My suggestion would first be to deal with the issues of custody with a MA attorney or to obtain a restraining order against your husband where he is asked to vacate the family home. However since he has custody you first need to address that issue. If possible I would seek contact with the DSS worker to inform her what has happened. The DSS worker would be able to see if they can remove the children from him pending the custody hearing and make recommendations to have the children returned to you while he vacates the marital home.

But to answer your question, yes you can return since you share ownership of the home. Only through a restraining order or court order can you be restricted from access.


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Customer: replied 7 years ago.
Thank you so much for your help. I appreciate your advice and prompt reply.

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