Can I legally take my children away from husband if we are not getting a divorce? 1 Answers as of July 25, 2013

What happens to child custody when one parent wants to separate and the other parent wants a divorce? My husband and I have two young boys (4 yr old and 19 month old) and we have long standing frictions that cannot be resolved. I wish to live apart from him but close by so that both of us can equally parent our kids to whom we are devoted. I dont see the need to legally end the marriage and divide the properties etc. My husband gives me the choices of either stay together or get divorced. He does not favor a trial separation. I plan to move out soon and my question is, how do we handle the physical custody of the kids since my husband refuses to participate productively in a conversation concerning this issue. If I take the kids with me (the 19 month old is completely dependent on me), will it be interpreted as an abduction. Will I lose custody of my kids in this or any other scenario? Thank you

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Correia-Champa & Mailhot
Correia-Champa & Mailhot | Susan Correia Champa
I think you need to discuss with an attorney the concept of a complaint for separate support. In Massachusetts, you can file a complaint for separate support which is one step behind filing for divorce. However, if you do that your Husband can file a divorce and does not need your consent to do so.
Answer Applies to: Massachusetts
Replied: 7/25/2013
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