Legal Question in Family Law in Massachusetts
full custody
I am divorcing my husband.He is us citizen and I have green card.We have 2 year old child. I have lots of proof about my husband alcohol problem.(paperwork from rehab where my husband were sent by court), papers from arrest for vandalism,destrbing a peace and destroing a cell being a drunk...,paperwork from Canada where my husband lost his driving lisece for driving drunk, paperwork from marriage couselor releasing info about my husband alcohol problem, Is it enough to get a full custody of our child. Is so does it mean I can leave the country without my husband permition to live in the Europe(to my homeland)?
1 Answer from Attorneys
Re: full custody
The question you are asking is whether the court will permit you to remove the child from Massachusetts. The answer is not in your husband's egregious conduct, but in the question of whether going to Europe is in the best interest of the child. To determine this, the court asks whether a) you should have sole physical custody, and b) does going to your homeland provide you with a "real advantage," such as work, family support, etc.
In most U.S.-only removal cases, the Massachusetts courts are liberal about allowing the child out of the state. This has an additional equity to consider -- whether your young U.S.-born citizen should be raised outside the U.S. This is an important question, because jurisdiction over visitation will follow the child.
I am available for an in-office consultation, if you need one.
Greg Lee
www.gregleelaw.com
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