Legal Question in Family Law in Massachusetts

custody vacations law

I was recently awarded Physical custody my 3 year old. Her father and I were not married and we share legal custody. He lives in another state. He pays child support. Do I need to tell him that I am taking her on a vacation out of the stae we reside? Does he have a say if she is able to go or not? Can I just go and not tell him?


Asked on 3/04/08, 3:45 pm

2 Answers from Attorneys

Re: custody vacations law

You should tell him you are takng a vacation with the child and will be returning to the state on x date. Since you live in MA, they are not going to care as long as you return and there is no outstanding order requiring you not to travel outside the state. Taking vacations is OK without court permission absent an order to the contrary. Moving out of state without permission is not permitted.

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Answered on 3/04/08, 4:15 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: custody vacation law

I agree with Jonathan.

Taking a vacation is a significant decision, one that you should advise the father. The problem that you are creating is a recipe for future legal actions.

It is suspect that you are asking some of these questions for a good reason that has not been stated. I am sure that you have a good personal reason, but the father has shared legal rights, that I believe merit respect.

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Answered on 3/04/08, 5:18 pm


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