If my bBrother in emotionally abusive marriage, can he take my nephew and leave?
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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 13 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.
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