Legal Question in Family Law in Massachusetts
child moving out if state
my husband has a child with someone else. he pays child support and we see him almost all the time. the childs mother is planning on moving to texas with her husband and other son. our family is very upset about this. the child has 3 other brothers. i know the child was upset when they had went to visit his grandfather. but thats all thats in texas is his grandfather. all other grandparents and aunts and uncle and brothers and his father are here in mass. please what can we do. is there anything i can do being married to the father if this child. thank you shawna
4 Answers from Attorneys
Re: child moving out if state
While you have no standing, your husband should retain an attorney to file a contempt complaint in the Massachusetts Court that issued the child support order objecting to the child being removed from the Commonwealth on the basis that it is not "in the child's best interest". Good Luck!
Re: child moving out if state
Assuming your husband established paternity, he can ask the court to halt the move, pending a hearing, and a trial. Moving without consent or a court order can result in the shifting of custody. This sounds serious, and I would strongly suggest that you contact an attorney or myself quickly. You can reach me at my office this morning.
Re: child moving out if state
The standard test for any movement of or change in visitation or custody of a child is "what is in the child's best interests?" Your husband has the right to object to the out of state move and petititon the court to prevent the move or order a change in custody.
Re: child moving out if state
Court must ask whether you consent to the removal. If your hubby does not consent, he is entitled to an EVIDENTIARY hearing. The court is tightening up a little and not letting the kids be removed.
So you have a chance but its difficult and expensive.
In the meantime, click on http://www.drano57-complaint-against-judges.htm
This file is on my website and is about the removal of children to another State.
Also go to my website and scroll down to Uniform Child Custody Jurisdiction and Enforcement Act [uccjea). Look also for the Mass. Child Custody Jurisdiction and Enforcement Acton my website.