Legal Question in Family Law in Massachusetts

moving out of Massachusetts Commonwealth

I am the mother of two sons - divorced over two years ago. The divorce order says that I can not move out of the state, because the father wants the children in close proximity. However, I would like to move right across the border, into Connecticut - so that my youngest son can start kindergarten this year. I would only be 20-30 minutes from where the father lives, but he told me he would take the children from me if I did this - that it was against the law. I am not trying to keep the children from him. I only want what is best for my son. Would the state of Massachusetts have a problem with me moving. Should I go to probate court to ask? Can I just move there?


Asked on 8/28/05, 10:55 pm

1 Answer from Attorneys
Raymond P. Bilodeau Law Office of Raymond P. Bilodeau

Re: moving out of Massachusetts Commonwealth

It may depend on the court order. If the order is the acceptance of an agreement as the court's order, and it provides that the agreement survives as a separate contract, there might be a problem.

On the other hand, there is a Supreme Judicial Court decision saying that a Probate Court cannot absolutely prevent a custodial parent from moving out of the Commonwealth. You should petition for a modification. If your husband is going to oppose it, you should have a lawyer.

It's a little late to be certain of getting a decision in time for school.

My fee would be $800. 508-755-1538

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Answered on 8/29/05, 8:34 am


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