Legal Question in Family Law in Massachusetts
child custody
I moved out of state with the permission of family court about 16 months ago with my now 14yr old. He is insistent that he wants to move back to his old home town so that he can''be back with his friends, go to his old school''. He states that he ''hates it here''. I do not want to move back as we have a life here, I have a better job, etc. What are my legal rights with continuing to maintain physical custody of my son? His father is pushing for the move and telling our son that he is arranging all the necessary paper work so that he can move.
1 Answer from Attorneys
child custody of a reluctant teenager?
Your teenager seems to have a mind of their own. With the father's support, this encourages the son to push harder.
Your rights are to maintain the status quo. I would suspect the jurisdiction over your son is where you reside. I do not believe that MA has jurisdiction over this situation.
However, the father can file for a modification in the jurisdiction where you live to change the arrangements. The court will take into account, in part, the desire of the son.
I would suggest that you may consider a none-legal approach. Maybe a comptent and experienced family therapist could assist with the problem.
Should you have any questions, contact me.
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