If my bBrother in emotionally abusive marriage, can he take my nephew and leave?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

If my bBrother in emotionally abusive marriage, can he take my nephew and leave?

My brother is in an emotionally abusive marriage, they have one son, 4 years-old. His wife controls all the money;, all savings accounts are in her name. They have 1 car, which she almost never lets him use. They used his savings to buy their house so he has no savings anymore. She has been blocking his attempts to find a job (he’s self-employed but the economy has slowed down his business). She’s isolated him from all his friends and most of his family as well. She says demeaning things to him. Can he take my nephew and leave her? What are his chances of getting custody?

Asked on November 22, 2010 under Family Law, Massachusetts

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for his situation.  Generally speaking taking the child away from his other parent and leaving with him is not a good idea.  If he is, however, the primary caretaker and he wants to leave then he may have no choice.  He should not leave the country or even the state.  He should seek help from an attorney as soon as he can to possibly bring a proceeding for temporary custody of their son and temporary support if she is the only one working and controls the money.  The assets of the marriage - house, bank accounts, etc. - are marital property and will be divided equitably and the courts favor joint custody in the best interests of te child.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption