Legal Question in Family Law in Massachusetts

Re: family law

If you moved without notifying the court or without his permission this is a problem. If you have a good reason to move to Maine, the court is not likely to make you move back, but I would hire an attorney for assistance.

Generally, when there is visitation and custody issues, you need the court's permission to move out of state unless the other party agrees in writing.

Good Luck.

Re: family law

Retain a Massachusetts attorney to answer the complaint and assist you in establishing your right to custody and child support and that your move to Maine was in the best interest of your son.

Re: family law

Retain a Massachusetts attorney to answer the complaint and assist you in establishing your right to custody and child support and that your move to Maine was in the best interest of your son.

Re: family law

The answer to your question depends primarily on two issues. The first depends on the specific language of the Court order you received from the Court in Massachusetts (I am assuming from your question that this was a Massachusetts case). If the language prohibits you from changing the child's residence or requires you to adhere to some visitation schedule that is now impossible due to the move, then your ex probably has grounds to seek enforcement of the Judgment.

That does not necessarily mean he will prevail, however, the Court's decision on any dispute between the two of you will be dependent on the best interests of the child. If whatever visitation schedule can still be met, he will probably have a hard time altering the Judgment or obtaining any kind of penalty against you.

Please note, however, that if your move does fundamentally change the nature or scope of the father-child contact set forth in the Judgment, the Judgment itself is open to modification.

This leads us to the second issue: whether or not this case is properly in Massachusetts or Maine. Generally speaking, the child's "home state," for purposes of enforcing/modifying court orders is the state where the child has primarily resided for six (6) months. If that deadline has already been reached, or if it has not and your ex waits too long to file a Motion, this case might have to be brought in Maine.

I'd be happy to dicuss this matter with you in more detail. Please do not hesitate to contact me if you have any questions.