Legal Question in Family Law in Massachusetts
Child custody and school
I am divorced with shared custody of
our 9 year old daughter. Her mother
moved out of state without my
agreement as to take our daughter
out of state. So my daughter is with
me now while her mom is living in
out of state. Also, she had our
daughter's school records sent out of
state already without any agreement
or legal documentation to authorize
this. How can I get full or sole
custody of my daughter and get the
school records so she can continue
school under my care?
3 Answers from Attorneys
Re: Child custody and school
You need to file immediately for a Massachusetts modification seeking physical custody. You then should seek motions for a GAL report as well as temporary custody in-state.
There is too much missing from this for me to give you more advice. Please feel free to consult with me. Plerase note that attempts to block out-of-state moves have limited success, even under Massachusetts statutes (which do more to protect visitation rights than those of many other states).
Re: Child custody and school
Most likely, your daughter's mother did not have the right to unilaterally remove your daughter from the state. Although, I am uncertain from your question whether your daughter is currently living with you or her mother.
Without more information, it is hard to give a definitive answer as to your rights, but please feel free to contact me if you would like help getting back your daughter's educational records or modifying custody/child support with the Court.
www.vaughnmartel.com
: Removal of the child without permission.
Barring your agreement or an order of the court, a parent may not remove the child from the original state. Sending the records is not an issue. Short visits are probably not an issue.
You have a remedy called a complaint for contempt. You can file this, and seek an ex-parte order from the court about this matter.
Should you need assistance contact me.