Legal Question in Family Law in Massachusetts

Re: Marital Separation with child

If you are planning to live apart from your husband but not file for divorce yet, you need either to have your husband's consent to take the child out of state or you need to have your local family court to rule on care and custody of the child pending a divorce.

Re: Marital Separation with child

Congratulations on the birth of your child. I am sorry to hear you and your husband will be separating soon.

You will need his permission to remove the child from the Commonwealth.

If you plan to file for Divorce, you can ask the court to grant you physical cutody and allow you to remove the child from the Commonwealth which will usually be allowed if you can prove that the move will be best for the child.

Re: Marital Separation with child

Once a divorce action is filed, you cannot leave the state without the permission of the father, or of the court. The permission of the court is usually reasonably liberally granted. You will find a number of answers on this issue, as it arises again and again. In essence, you must show that you are leaving to gain a "real advantage." This is usually found when you have family elsewhere, a job offer, etc. The court will take steps to ensure that the father gets visitation.

If you leave without filing a divorce, your ex-to-be can file in Massachusetts and seek an order requiring the return of the child. SO long as he files within six months, there will be no question that Massachusetts is the court with jurisdiction.

You should do this properly, with an attorney's assistance. You should seek permission as part of your own divorce. This will put you "in the right." Starting off "in the right" is better than laving and HOPING that your ex doesn't file.

: Marital Separation with child

As soon as you file, you will be foreclosed from leaving the state without the court's permission or without your husband's permission.

If you need assistance contact me.