Legal Question in Family Law in Massachusetts
I have two children and live in Massachusetts... My boyfriend is station in New York and I'm trying to move out there with him....my children's father is on their birth certificates... My question is what do I have to do in order to move and start my life with my boyfriend and children??
3 Answers from Attorneys
This really depends on the father's position, the custody status, and how involved he's been with the children. If he's in agreement, then you can work something out and file a modification in court. However, if he's opposed to it, you'll have to convince the court that moving the children is in their best interest.
Assuming the father has visitation rights, you need his permission to move the children out of state or you have to seek the permission of the Probate Court to move with the children out of state.
Thank you for your question.
You should sit down with a lawyer and discuss your goals. Your options depend somewhat on whether there are any court orders concerning the child, including for custody, support, etc. You should obtain permission from the biological father or the court in such a case, before you make any plans to move. Once you have moved, you may want to explore whether your boyfriend would like to adopt the children. In such a case, you will again need the consent of the biological father or you will need the court to terminate his parental rights.
There are a number of moving parts here, and you should probably make an appointment with a family law attorney.