Legal Question in Family Law in Massachusetts
If I have a child custody case in Rhode Island and the child moves to Massachusetts can the case be moved to Massachusetts without my consent?
1 Answer from Attorneys
Yes. Every state has a law that addresses interstate custody issues. The power of a state to address child custody is based on the "Home State" of the child. In all cases, once the child has moved from one state to another the home state of the child will change after a period of time. In Massachusetts, the child must live in the state for 6 months and then the home state will change. Once the home state has changed to Massachusetts, any new custody or visitation case must be filed in Massachusetts and not Rhode Island. There are exceptions to the rule and in particular, a Massachusetts Judge can order that the issues must remain in Rhode Island and not be moved to Massachusetts. However, as a general rule, after 6 months, all new custody and visitation issues will be heard in Massachusetts.