Legal Question in Family Law in Massachusetts
Massachusetts Custody in regards to relocation
I would like to consider relocation from Massachusetts to Florida. I have a 5 year old son. My ex-husband and I have joint legal custody, but I am the custodial partent. My parents and grandparents are relocating to Florida, and my fiance's family is doing the same. I will have no one left here except my ex-husband and his family. My ex and I are not on bad terms, but he does se my son 3 days a week, is relatively involved, and pays consistent support. I do not wish to cause problems, but I am confident that we will have better quality of live in Florida with the rest of my family. There are no other siblings involved, and my son is due to start Kindergarten in the fall, therefore it is of the utmost urgency to make this move as soon as possible.
2 Answers from Attorneys
Re: Massachusetts Custody in regards to relocation
Clearly your grandparents and parents do not feel
the need to live "next door" to your son.
They have their lives and apparently believe that
you will go down there to visit with him from
time to time or they will come up here and
visit from time to time.
They will also pass away and your son will have been estranged from his father.
You want to be near your parents. Does not your
son deserve the same? Does he not deserve to be near HIS father?
Your move to Florida would be selfish. You say the child's father is involved and pays support. He sounds like a loving and caring father.
Do you have a right to deprive him of a loving and caring parent? No, you don't. Children need BOTH parents.
You had them. Why shouldn't your son have them, too?
Re: Massachusetts Custody in regards to relocation
In Massachusetts you cannot remove a child to
another state without permission from the Court
where you got your divorce. You need to file a
complaint for modification of your divorce judg-
ment. The test is whether this move is in the best
interests of the child.
Moving your child to Florida without court permi
ssion is parental kidnapping.
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