Legal Question in Family Law in Massachusetts

Re: Divorce and International Child Custody

You should file for divorce yourself, and seek appropriate orders. The Court will not allow one party to remove the child unless that party can show a "real advantage" to herself from the move. This "real advantage" must be one that also benefits the child. Removal outside the U.S. is likely to be harder to obtain than to another U.S. state.

However, much depends on you working quickly and well. In addition, the age of the child will be important, as well as the opportunities here vs. India.

I would be happy to discuss matters further. I have a Boston and an Attleboro office.

Re: Divorce and International Child Custody

You need to file for divorce and seek an order stopping the removal of the child from the USA. The court must operate in the best interest of the child and removal from the State much less the country has to be based on the needs of the child. You can certainly seek physical custody of the child as well. Depending upon the age of your son, his preferences will be considered as well.

You should find an attorney who has experience in international divorces. This is not my area of expertise, but I would be happy to refer you to someone with experience in such matters.