Legal Question in Family Law in Massachusetts

custody of military children....

I have two children that currently reside in Mass.they have been there for a/b a week there is a custody suit pending in California is there anyway that I can get it changed to Mass. by early Feb. so that I can get custody of them. Their mother sent them to live with my 67 year old mother and 70 year old father. They just arent capable of taking care of an active 5 & 7 yr old. I love my children very much and want them with me. I reside in KY because I'm in the military. However my home of record is Mass. Also I havent been ordered by court to pay child support but I pay anyway do I need to continue to pay to the kids mom or to my mother while she has the kids? Is their mother responsible for part of the child support? Can I be ordered to pay back support if I send it to my mom who has the kids and not to my exwife?


Asked on 1/26/08, 8:31 pm

1 Answer from Attorneys
Gregory Lee Gregory P. Lee, Attorney at Law

Re: custody of military children....

If there is no court order of support, you need not pay support.

However, the proper jurisdiction for child custody appears to remain California for the foreseeable future, unless there is an emergency which requires attention (e.g., a threat of domestic violence). You should see if you and your ex can agree to have the children be in your custody, get a judgment, and make arrangements as appropriate in Mass. Six months after the move, and assuming that the California action has gone to judgment, Massachusetts will become the proper jurisdiction for future custody actions.

Read more
Answered on 1/27/08, 11:37 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Massachusetts