Legal Question in Family Law in Massachusetts

A husband and wife have equal rights to custody of a child until the court orders differently, so you did not have a legal right to take your child with you without your husband's permission. One exception is that if he threatened you and you feared for your safety and the safety of the child, then you had a reason to leave with the child. On the other hand, he did not have the right to throw you out of the marital home. Since you left with the child, he has a case for "kidnapping." However, if you left without the child, he might have a case for abandonment (which would work in his favor if he seeks custody). At this point, if you cannot work things out with your husband, then you should file an order in court for custody. In the meantime, you have every right to be in your home.