Legal Question in Family Law in Massachusetts

moving

My girlfriend Pam has custody of her son. the father has visitation rights owes $10,000+ in child support . has recieved health ins. from pam since the divorce. She has now gotten a job offer to move out of state and it seems that for some reason he has rights to stop this from happening and for Pam not to beable to move on and better her life because of a dead beat dad doesn't make sense. She brought him to court 1 yr ago for not paying and not providing life insurance for their son and he still hasn't changed a thing. What does she do? Why should she be trapped by a man who has done nothing to up hold his end of the agreement? The fact that he should have any say seems crazy in so many ways.

Thank you for your help.


Asked on 9/27/06, 10:39 am

1 Answer from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: moving

While your opinion counts, the system is there to deal with various issues. There is a process that exists when a custodial parent wants to relocate. The custodial parent must file a complaint for modification, and seek the court's approval. If the none custodial parent assents or a settlement can be reached, then the situation is easy.

If the none-custodial parent disagrees, then the complaint is treated just like others. Discovery is premitted, and eventually the matter goes to trial where your girlfriend must present evidence and meet the legal standard in requesting the move. Of course, the other side will present their countervailing evidence.

The purpose of the system is to eliminate abuses and unilateral moves by custodial parents.

You can assist her greatly by helping her through the process and providing an understanding that there is a uniform approach to her wishes in this and the other states. And when children are involved, the court is involved.

If I can be of any further assistance, please let me know. You can contact me at my office.

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Answered on 9/27/06, 10:46 am


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