Legal Question in Family Law in Massachusetts

Re: leaving the state

The prior attorney basically gave you good information and with that being said, I would like to bring home the point in regard to the fact you know this man well-enough to state you believe he has serious drug habits; and to leave the decision up to your child under those circumstances would be a major mistake. As already stated, there could be legal reprecussions for doing so if something happens to your child. Sincerely, Maria Murber

Re: leaving the state

There is nothing to prevent you from leaving Mass. with your child. At age 12, the child can express an opinion as to which parent s/he wants to live with, but the court is not likely to take it too seriously at this age. And the father would have to take it to court if he wants to. That would expose him to court-ordered child support in accordance with the Child Support Guidelines (available online at mass.gov, judicial branch, or at any probate court clerk's office). That might affect his ability to afford his habits.

Visitation should never be linked to support. If he has been withholding support because you are moving out of state, you might want to take him to court first to avoid the complications of getting personal jurisdiction over him from another state. On the other hand, you will either have to deal with the new state's designated child support enforcement agency (usually the tax dept.) or come back to MA to enforce it.

If you know the father is a substance-abuser and might neglect or even endanger the child or introduce the child to that world, you would be in more trouble than taking the child with you. You presumably know the father well enough to know if that would be a problem and if you would be willing and able to intervene from another state if that were necessary to protect your child.