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?


Asked on 6/27/07, 10:14 am

3 Answers from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

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).

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Answered on 6/28/07, 5:56 am
Christopher Vaughn-Martel Charles River Law Partners, LLC

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.

[email protected]

www.vaughnmartel.com

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Answered on 6/27/07, 10:32 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: 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.

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Answered on 6/27/07, 1:47 pm


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