By coming back to Mass and being homeless you will give your ex the chance to have the child removed from your custody and give him full custody because you made the bad decision to put yourself in a dangerous situation. Do not come back to Massachusetts. Stay with your family. Your ex is feeding you misinformation probably to take advantage of this situation. Whatever agreement you may have does not supercede health and safety. Speak to real lawyers. There are pro Bono DV lawyers. Do not put yourself and your child in danger of freezing to death. People are already freezing to death this winter. Stay with your family. Do not listen to your ex. You won't be charged with kidnapping. Even if he tried, you could fight it. You need to do whats best for your child.