Legal Question in Family Law in Massachusetts
moving a child out of state
I got sepperated 10 years ago,Divorced about 5years.When my wife left our house she took my now 11 year old daughter out of state.I was told she could not do this.and we aggreaded to the move as long as i got to see my daughter every sat. we have joint custody. now my ex changes the secual to fit her needs.Now i want to just get a secual.of her activies so i can keep in touch with her with out bouthering my ill motherinlaw that takes care of my daughter.now she has her brother doing things a dad should do and i dont like it can i get her to move back into mass to a closer place so i can visit (i am dissabled and find it very hard to drive a little over an hour to see her also can i get some kind of order for her brother so he will stop being daddy. After all the leagle paper work was done i acted on my own at hhe diorvice do to conflects on seling joint propeorty. My x-wife now works and i do the best i can to help my daughter.she recives payment from social security. Is it now possible that i can get some sort of support from my x?Iall i qualify for only fuel asst.and nothing else
1 Answer from Attorneys
Re: moving a child out of state
You should obtain the assistance of an attorney in your own area. You will have to find one willing to work "pro bono."
Most likely, this will be an attorney in the state of your daughter's residence, not Massachusetts, because the facts you give state that the child was moved out of state with permission. You said, "Yes," even though it was with conditions. From what I can tell in the facts, this occurred well over six (6) months ago. thus, the other state has jurisdiction over all issues of care, custody, and visitation.
You cannot force your ex-wife to return to Massachusetts, under these facts, nor can you disrupt the child's bond with her uncle so long as it is just him taking a fatherly role.
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