i live in ma and tried to get order of protection. judge said to contact police if my mother kidnapped my son and for harassing me. she said establish custody. she said talk to my mother i said im scared then she said she wasnt going to give order. i have custody of my son in ny do i apply again in ma. i really need to find out how to stop my mother from abusing me and holding my son hostage.
Please fill in some details.
1. Is there any order for custody? If so, what does the current custody order say (word for word, but without the names)?
2. Why would your mother think she has the right to take your son?
3. Where is Dad in the picture?
4. You said your mother is harassing you. What is she doing, specifically?
The questions I can answer:
1. If you have a custody order in NY, you don't need to reapply in MA. Every state will honor a valid custody order in any other state.
2. In general, a grandparent does not have the right to custody unless the parents have been found to be unfit. Grandparents do not even have a right to visitation unless a court orders it (which is only likely in a few states. I can't remember if MA is one of them).
It's hard to tell from the way you've written your post, but it sounds like the judge is telling you that you already have a valid custody order, so if your mother takes the child, you can call the police. Bring a certified copy of your custody order and they will probably help you get the child back. At the very least, even if they refuse to help you get the child back, you should file a police report and take it back to the judge to ask for a restraining order against your mother.
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