Legal Question in Family Law in Massachusetts

Re: Can he get joint custody

The court is not likely to give this father shared legal custody, especially if you have an attorney willing to push hard on the statutory presumption against shared legal custody for unmarried parents.

In addition, there is no clear statutory authority for the court to prevent your move, although it -does- has the general equitable authority to make such orders for custody and visitation purposes. However, this makes most judges act VERY carefully before forbidding an out-of-state move.

In any event, even those cases that -do- involve the statutory authority for a judge to prevent the moves (cases of -divorced- parents) rarely result in a permanent ban from moving the children. The courts rely on the "real advantage" standard. In essence, is your move for a good reason that will create a real advantage for you that will trickle down to the kids? If so, the move is generally allowed.

You should, however, get a lawyer who will take the case head-on, bring the facts together, and help the judge see clearly that you should be allowed your move. It is an investment in your future.

Greg Lee

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Re: Can he get joint custody

There is a difference between joint custody and physical custody. Your chances of keeping physical custody are highly likely.

Moreover, if you have a good reason for moving, such as a new job or to be near other family, you have a good chance of being given the courts permission to leave the state.

I suggest you contact an attorney for assistance.