Legal Question in Family Law in Massachusetts

moving

i got a 7 month old baby i live with my dad and my dughter my dad is moving to brazil in the end of the year and says hes taking me with him for what i understand i am not alowd to move out of state is taht corect..


Asked on 8/19/08, 9:08 pm

3 Answers from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

Re: moving

As noted by the other answers, this is primarily a factor of the other parent's rights. Even if he is on the birth certificate you as mother are presumed at this time to have sole legal and sole physical custody. You are NOT mandated to stay here if you were not married to the father, contrary to what the child's father may have said.

As this child is out-of-wedlock, and very young, the father is unlikely to be able to keep you and the baby here. However, because this is an international move, you absolutely should have the assistance of a lawyer, and you should file for this as a preemptive matter. It will be far less expensive to start handling this NOW than to deal with it later with multiple courts.

If you are a minor and in your own father's care, he should definitely have a role in this as well.

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Answered on 8/20/08, 7:00 am

Re: moving

If the father of the child has visitation rights, you will need his consent and/or the consent of the court to take the child out of the country. You and your father should contact an attorney to get the consent of the court to take the child out of the country.

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Answered on 8/19/08, 9:15 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: moving

It depends on on the legal status between your mother and father. If they are divorced or have had some matter in court, moving without permission or a court order could be a problem.

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Answered on 8/19/08, 9:42 pm


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