Legal Question in Family Law in Massachusetts
Legal right to leave state
My sons father recently moved back here from Florida on what I was told ''a temporary basis''. His wife's job entitles her to transfer for 90 days at a time as long as she is licensed in that state. They do not have a permenant address here, nor are their cars registered in the state or have driver licenses here. My husbands job is transfering him out of state (NC). Is there a chance that my son's father could get the court to hold me here with our son if I have just a temporary sole custody order by a court here in MASS? A permanent order was never put in place, I have also had past (2-3) restraining orders against him for violence in the past and his home was raided for drugs in the past (he was never charged). I know that when I tell him he is going to loose his mind and I am in fear of this and I need to know what my right's are.
2 Answers from Attorneys
: Legal right to leave state
Your questions are somewhat confusing.
A temporary order stays in effect until a final order, or until the case is over.
A past restraining order alone is not a basis for seeking a new order. The basis for the relief is on, essentially, current conduct.
If you need more specific options, one needs to know the situation in more detail.
If you have questions, or need assistance, contact me.
Re: Legal right to leave state
You need to consider getting a new restraining order as well as simply seeking permission to move. The court will likely grant permission, if the circumstances are as you describe.
If you desire further assistance or consultation, please feel free to contact me through my website.
Greg Lee
www.gregleelaw.com
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