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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