Legal Question in Family Law in Massachusetts

Crossing state lines w/ children

My wife and I (married, no divorce proceeding or other family law filings against each other) are having a ''rough spot'' right now.

We were about to go to an annual family reunion, in another state...she has decided to not go, and says I cannot take our children out of state, without her permission -- needless to say, kids and grandparents (not to mention me) are upset.

Is she right?


Asked on 7/20/09, 1:31 pm

1 Answer from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: Crossing state lines w/ children

No, I do not believe she is correct.

As I understand it, unless there is a custody order, judgment for divorce or separation agreement that states otherwise, you are her legal guardian and have every right to travel freely with your children.

I would be interested to know if there is disagreement on this point.

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Answered on 7/20/09, 2:42 pm


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