Legal Question in Family Law in Massachusetts
child custody
I want to move back to cali. I am married though. Can i take my daughter without his permission if we currently reside in ma, neither one of us has ''sole custody'' from a court. What are my options? I have to take my babie, there is no way i would leave her with him.
3 Answers from Attorneys
Re: child custody
You need to file for divorce and seek custody, with permission to move. You will be in the Massachusetts courts will have jurisdiction over custody in any event, UNLESS you move with your husband's written permission (Massachusetts retains jurisdiction for six months after a move to ensure that people don't leave with their kids; California has a similar law and respects Massachusetts' jurisdiction).
You should contact a lawyer right away to do this right.
Re: child custody
Either the permission of the other parent, or a court order. This could be complicated and if you need help contact me.
Re: child custody
You must file a complaint for divorce, obtain custody and permission to move with your child on showing the move is in the child's best interest. Good Luck!
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