Legal Question in Family Law in Massachusetts

Moving 2 hours away within state with my 3 yo son
Married 4.5 years, have a 3.5 yo special needs son. Separated for 5 months, going thru divorce now. I am planning to move away close to the city where I could find worke easier and my son could have easier access for therapists, doctors. Where we live now is a resort island, not many jobs available. Husband is fighting over custody though, wanting 50-50 parenting or full custody. I have been the primary caretaker, a stay at home mother. Is the move okay? I would be flexible with his visitation, and willing to help with transportation too.
Thanks!

Asked on 3/31/09, 12:54 pm

3 Answers from Attorneys

Alan Pransky Law Office of Alan J. Pransky

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Re: Moving 2 hours away within state with my 3 yo son

Without a court order prohibitting the move, you can move within Massachusetts even though you are going through a divorce. However, if the court finds that you motivation for moving is to restrict contact between father and child, the court could take action to compensate for the move or even order you to move again.

Answered on 3/31/09, 1:15 pm

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Gregory Lee Gregory P. Lee, Attorney at Law

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Re: Moving 2 hours away within state with my 3 yo son

For this situation, you should have a lawyer who practices in your county. This should not be impossible; the courts rarely award shared physical custody in contested matters. In most such cases, I would say, "Move all the way to Pittsfield, if you want, so long as you have a reason and a job/family." However, you really should get a lawyer, even in a case like that. A lawyer will help guide you well.

Answered on 3/31/09, 1:17 pm

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