Legal Question in Family Law in Massachusetts

Re: child custody when still married

No! Not unless you have a court order.

Re: child custody when still married

If you leave the state with your child and your wife files for divorce, it will not help you, it will only hurt you. In fact it is likely you will be charged with a crime by the court if you try to do this.

It is one thing to take your child on a weekend to NH, it is another to move him out of state to avoid custody and jurisdiction of the court, which you will not accomplish.

I would suggest that you contact an attorney. If you are concerned about custody of your son or your visitation you will be much better-off to get an attorney than try to leave the state.

You might want to begin proceedings first to take control of the situation.

Good luck

: child custody when still married

I think you asked this before.

When there is no court order, barring extraordinary circumstances, you can come and go as you wish. However, your wife can still claim that the child is within the jurisdiction of Mass. Court if she acts quickly enough.

You should consult an attorney or contact me with any questions.