Legal Question in Family Law in Massachusetts
custody
my son's father and have join custody of our son.i have phisycal custody and,because of my imigration status here, i can provide a much better life quality to my son back in my country.The father will not sign for him to go.what are my chances as a mother and the fact that i have phisycal custody?
3 Answers from Attorneys
Re: custody
The issue in a change of custody outside the jurisdiction is whether it is in the best interest of the child. The court looks to whether the custodial parent can demonstrate a "real advantage" to herself and the child by moving -- employment, family support, etc. However, the questions will not be answered as easily in your case as they are when the child is merely going to another U.S. state. The court is very conservative about allowing removal of children born here, with citizens as parents. If the father is not unfit, he has a better chance than usual to keep the child here in Massachusetts.
Your gender has little or nothing to do with this decision, nor does current physical custody. The court will consider the likely destination as a main issue (England is one place, Sudan another).
You should not seek this move without the help of an attorney.
: Relocation of child.
You need the petition the court to ask it for permission to relocate. If the father does not agree, the matter will go to a trial, where you need to prove that the court should give you permission.
From the information you provided there is not enough data to see what your chances are.
Re: custody
Much more information must be given to properly answer this question. I suggest you personally consult with an attorney.
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51b whats a 51b? Asked 12/13/07, 7:31 pm in United States Massachusetts Family Law, Divorce, Child Custody and Adoption