Legal Question in Family Law in Massachusetts

can I move with my son

I was divorced 2 years ago and have 2 children, I live in MASS, but I used to live in Maine, and that is where my ex resides, in our divorce decree there is no set visitation schedule, my ex did not want one set, he said he is on call alot and can't commit to a schedule, he has gone 3 months at a time without seeing them, he sees them for a total of a day in a half a month, at the most, there is no joint custody,I have an older son that I was ordered full legal custody to, with no visitation to his father, (his choice). He did not want anything, so my question is, do I need to file a motion to move, and if so where do I file that? I have been back living in MASS since before my divorce,


Asked on 4/25/07, 4:22 pm

1 Answer from Attorneys
Gregory Lee Gregory P. Lee, Attorney at Law

Re: can I move with my son

If I read this correctly, you were divorced in Maine. If this is the case, you must determine the law of that state.

If your divorce was entered in Massachusetts, you must have written permission of the father or a court order to move your children out-of-state. Based on the facts you state, permission would seem to be a formality, though of course my opinion might differ if there are additional facts.

Please feel free to copntact me for a more in-depth consultation.

Greg Lee

[email protected]

www.gregleelaw.com

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Answered on 4/25/07, 5:41 pm


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