Legal Question in Family Law in Massachusetts
I have a 4 1/2 year old who I have sole physical custody and share legal custody of with the father, but I want to relocate to Florida where my mother (who has been there for my son since day one) and moved 5 months due to a divorce from my father. My mother has been home for court for the divorce and my mother calls daily and my son is having a hard time with her being gone. Also, his father is constantly canceling visitation and I think it would be best for me and my son to relocate to be with my mother.
1 Answer from Attorneys
Repeatedly cancelling visitation without good reason definitely shows a lack of interest, but it would still be extremely difficult to permanently remove your son to Florida without the Father's consent (via a new custody agreement and order). In cases like yours, where the father isn't showing very much interest in his child, you may want to explore the possibility of modifying custody (to where you have sole physical AND legal), but Massachusetts courts are very reluctant to reduce visitation due to your son being so young. You are in a tough position here because your son is probably much more attached to his grandmother than his father.
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