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ItalianMama95 OP t1_j2ia4lx wrote

Reply to comment by SCdreamin2021 in Homeless with a 3 year old by ItalianMama95

I am a British citizen, I wish I could stay, my family want me to. However, my sons abusive dad is refusing to let us. It’s either face living in my car and being homeless or potentially deal with kidnapping charges.

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[deleted] t1_j2iampx wrote

[deleted]

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ItalianMama95 OP t1_j2ig9uu wrote

Not an option, I will not risk losing my son by breaking a notarized agreement with my child’s father which will put him in a place to keep threatening me or even act on getting full custody of my son

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LackingUtility t1_j2ii5db wrote

If your son’s dad doesn’t have full custody, then the cops won’t bring kidnapping charges for your son staying with you.

Additionally, bringing your son to Massachusetts and having him stay in your car in winter is so stupid and dangerous that your ex could use that to argue in court for full custody of your son. You really need to talk to a lawyer, or you’re going to end up both homeless and sonless.

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zzglow t1_j2je8og wrote

i agree, i think the father is trying to put you in a position where he can get full custody. he can say you are endangering the child (which would be true, unfortunately) and if you are homeless and he is not, and has income, etc, the court may rule in his favor. courts in MA typically side with mothers unless there is present evidence of the mother being abusive and/or neglectful and putting the child in danger.

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TheSkiGeek t1_j2isxfs wrote

A “notarized agreement” doesn’t mean anything if blindly following it is going to put your child in danger.

No family court (I hope) would agree that you should try to live in a car with your child all winter and be bouncing in and out of shelters rather than stay with your family. Especially since the father is backing out of a former agreement to let you live with him. Although if your son’s father wants full time custody and has a stable home situation, they may decide it’s better for the kid to live with his dad.

If you and your ex can’t come to an agreement, you probably will need to talk to lawyers in both MA and the UK, and maybe petition a court here in MA to set up a formal custody agreement.

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