Legal Question in Family Law in Massachusetts

Your ex can move only with your daughter out of state with either your permission or a court allowing same. While she can file a Motion and the court is likely to allow her to do same, she is going to have to make some accomodation for you to visit, such as allowing you to take your daughter for holidays or vacations.

The court should not make you accomodate your wife's desire to move out of state without some accomodation to you. I suggest you retain counsel to help you with this matter.

I recommend you consult with an attorney immeditately. If you are not listed on your child's birth certificate and you were not married to your child's mother, without filing a complaint for custody/support/visitation with the appropriate family and probate court, there is no presumption that you are the father and you are very limited in what your "legal" rights are.

Once you have a court judgment stating that you are the father, the status of legal and physical custody and the parenting plan if any, the Mother would have to file a complaint for Removal (requesting that the court allow her to remove the child permanently from Massachusetts) if she wanted to leave the Commonwealth with your daughter. There are several additional factors that I would need to know in order to more accurately predict how successful your child's mother would be in her removal action.

If you are interested in more information and would like a free consultation, you can contact me at 617-523-3200 or via email.

Thank you,

You should retain an attorney to contest any motion filed in Probate and Family court requesting the court's permission to remove your daughter from the Commonwealth unless she can show it is in the child's best interest: and if she so proves, you should request she be required to make reasonable provisions for your visits. Good Luck!

I agree. If this matter is not in court, then you should file an action tomorrow and have her served at once.

Call me with any questions.