Legal Question in Family Law in Massachusetts

Is it legal for my wife to leave the state of Massachusetts and take our infant with her without my consent or knowledge?


Asked on 11/07/15, 7:27 am

1 Answer from Attorneys

If there is no pending divorce action, then so long as you are married she does not need your permission to take your child out of state.

If you are divorced or there is a pending divorced action and she is moving permanently outside of Massachusetts she needs either your consent or that of the Court. If she is taking your child out of state for a vacation, absent a court order to the contrary, she does not need your permission.

If you suspect your wife is planning to move permanently out of state and seek a divorce thereafter, then you need to contact an attorney immediately to protect your rights.

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Answered on 11/07/15, 2:32 pm


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