Legal Question in Family Law in Massachusetts

child custody

Visitation/Custody for my 2 years old daughter was established in Mass court in 1993. It stated my x-husband and I would have joint custody and he would have supervised visits every other weekend in my home. He did come to see her for a short period of time, but stopped visiting in June of 1994. From that point on there was barely any contact from him except a phone call here or there. In 2003 I moved to New York State without notifying him of this. I honestly never gave it a thought because I had been raising this child on my own with little or no help from him financially. He recently made contact with me and wants to get to know his daughter. He is also threatening legal action because I didn't contact him to let him know I was moving out of Mass. He made no attempt to see her nine years prior to me moving. I was told by an attorney a long time ago because he stopped contact with her that the joint custody was really no longer valid. I don't know what my rights are now that I no longer live in the state that custody was ordered. What are his rights after all this time?


Asked on 1/27/08, 10:40 am

1 Answer from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: child custody

You may have a problem.

Technically, you should have filed for permission to mover, or sought his permission.

Functionally, he may have to bring the action in NY. You should contact a NY attorney.

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Answered on 1/27/08, 3:21 pm


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