Legal Question in Family Law in Massachusetts
im legally married but i would like to take my son to california. can my husband charge me with kidnapping? how do i go about being able to legally go.
2 Answers from Attorneys
I assume from your question that this is more than a vacation trip, and that you wish to relocate to California.
To do this against his desire, you must file for divorce or separate support and obtain permission of the court to "remove" the child to California. You need to show that you seek an "real advantage," (an actual benefit), not simply to deprive husband of your son's company. You should obtaain a lawyer's assistance in this.
If you are married, then either of you can take the child;
But there are risks and complications that you need to speak to an attorney to get the background data.