Legal Question in Family Law in Massachusetts
Leaving the state.
Jonathan answered my last question about my 2 children and the father going for joint custody. I have been looking at homes and met with a realitor before I got sapenaed (sorry about the spelling) . What if I get residency before I reply. o you think I can stay out of state. I can not afford to live in the town that I do and pay for private school. (public is a mess) The school systems in N.H. where I am looking sounds promising. Q#2 Do fathers normally get joint custody with a record? #3 Can he take back the sapenia or at least the part that he checked off for joint custody if he chooses? I am getting a lawyer, I am just unable to sleep when it feels like my walls are caving in on me. Thank you for your time.
2 Answers from Attorneys
Re: Leaving the state.
You cannot leave the state to live without the permission of the court or the childrens father.
Father's normally get joint custody unless there is a compelling reason they should not. You need to get an attorney to help you with this.
: Leaving the state.
Once a matter is filed in court, or once there is a court order, YOU CANNOT leave the state without the permission of the court, or with the written permission of the father that is part of a court order.
The other facts go to the decision of a judge. Legal custody is usually shared, and physical custody usually goes to one parent.
The description of the father's actions or misdeeds are relevant in part to your getting legal custody, and to some extent to support your desire to mover. There are other factors that need to be presented to the court to support your action to relocate.
If you need assistance or an attorney, contact me.
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