Legal Question in Family Law in Massachusetts

Child Custody question

I was divorced 7 years ago in GA, and in the decree, custody of the children was joint legal, with the mother being custodial parent. However since then she has been divorced again and I have had custody of the kids for the past 2 1/2 years. 1 1/2 in FL, and the last 1 year in MA. The kids are now adjusted to MA and live in a house of their own. The mother lives in TX and is currently in a child custody battle (on verge of losing) for child from 2nd marraige, and she is telling the court she is going to come to MA and take our children to TX. Can she do this, because she is custodial, or not do it because we are joint legal? I will be initiating a court order on Monday that would prevent this and put jurisdiction in MA, but am told even entered as an emergency it could take 1-2 weeks to get this order, and I am worried about her attempting to take them out of the state before that. Is there anything else I can do?


Asked on 6/21/08, 9:36 am

2 Answers from Attorneys
Joseph Murray Joseph M. Murray, Esq.

Re: Child Custody question

You can file a motion ex parte supported by an affidavit stating the facts and sources for your belief she intends to remove the children from Massachusetts and request the Court on Monday to enter a temporary order pending a hearing on your custody case that temporary physical custody be with you and that the children are not to be removed from Massachusetts pending a hearing on the merits of your complaint. Good Luck!

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Answered on 6/21/08, 11:59 am

Re: Child Custody question

The Texas court does not have jurisdiction over your children. The GA court and MA court can assert jurisdiction. I suggest you get an attorney and file for a change of physical custody. Depending upon the age of the children, their preferences will be taken into account. Any Court will have to do what is in the best interest of the children.

I am assuming your ex-wife gave you temporary phyiscal custody.

Please feel free to contact me if you have more questions.

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Answered on 6/21/08, 2:06 pm


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