Legal Question in Family Law in Massachusetts
Moving out of Massachusetts during custody battle.
I am a mother of a minor child who currently resides in Massachusetts. I will soon be displaced from where I am staying with her currently. I have the opprotunity to stay with family in New York however I am unclear weather or not I can leave the state due to the fact that her father is suing me for physical custody.
2 Answers from Attorneys
Re: Moving out of Massachusetts during custody battle.
You cannot legally move the child from the Commonwealth without the permission of the court in which the custody issue is being decided. You or your lawyer must file a motion for permission.
From the circumstances you describe, assuming no visitation problems or compliance with any final court order regarding custody, it should not be a problem.
Re: Moving out of Massachusetts during custody battle.
NO
Need father's written permission; or
Order of the court