Legal Question in Family Law in Massachusetts
Moving out of Massachusetts with Child
I have a 3 1/2 year old daughter I have raised alone since she was born. Her father was a friend of mine from high school. We had a paternity test done because he denied she was his. When we went to court they gave me full custody and said me and him can discuss visitation on our own. She has my last name and he is not on the birth certificate. My grandparents in Florida bought a 2nd house and want me and my daughter to come live down there. She has owned her own business for 40 years and offered me a job in the office and said she would love to see me move down and start college so i can have a college education, a good career and a better life for me and my daughter. My daughter's father said I cannot go. I even offered for her to come up and visit every other month for a long weekend. So i have been researching a little online and i came across a few sites that say because there is no visitation agreement by the courts and he is not on the birth certificate then i do not have to get permission from a judge. I just want to make sure though. Can i move to Florida with my daughter legally? If i do move, what can the father do?
2 Answers from Attorneys
Re: Moving out of Massachusetts with Child
Either you get his permission in a writing that needs to be filed in court with certain essential terms.
If he does not agree, then you will have to file a complaint for modification, seeking permission to relocate.
If you need personalized assistance, contact me.
Re: Moving out of Massachusetts with Child
Either get a written agreement with the Father, who I assume pays child support. If not, file a Complaint for Modification with the Court with the reason for relocation.
Good Luck
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