Legal Question in Family Law in Massachusetts
my ex is holding me in contempt of court for denying him visits to our 4 children when he has failed to contact me or them in over 20 weeks. before any of this i was going to ask the court to allow me to move them to florida where my family and entire support system is. many factors play a role in this decision such as me going to college to better myself for the kids and my family being able to help care for the kids as i have 7 all together.
should i wait until the contempt case is over before filing with the courts to ask if we can relocate?
2 Answers from Attorneys
Based on the information you provided, I would suggest that you do not wait until the contempt case is over before filing your motion for relocation (unless you are thinking of waiting a fairly long time). The court dockets are very crowded, so judges appreciate it when the parties address all of their issues in as few hearings as possible. In addition, since the contempt concerns visitation, it is highly related to issues regarding relocation (which means it makes even more sense to address them in as few hearings as possible). In order to be granted permission to relocate you need to show specific benefits to the children in doing so, and you may also need to ask the court to modify your current orders regarding custody and visitation (depending on what they are). If you would like a free consultation to discuss your case further, I can be contacted at 508-528-4007 or by email at [email protected].
Your ex is merely petitioning the Court for contempt. You may have a valid defense.
As to the relocation, I do not see a reason to with.
Contact me with any questions at 978-749-3606.
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