Legal Question in Family Law in Massachusetts

: Moving out of state custody while having sole cu

Go to court, with a motion and affidavit, and seek ex-parte relief, ordering the father to not remove the child from the state.

If you need assistance, contact me.

Re: Moving out of state custody while having sole cu

Your spouse cannot take your child permanently out of state without your consent or the consent of the Court. I suggest you contact an attorney so you can take steps to prevent this action.

Re: Moving out of state custody while having sole cu

The court can order him to return with the children. It may well, if you have the evidence that you suggest. However, you should get a lawyer's help to push the motion forward, if possible. I do not suggest, though, that you would win in the long term.

Under the facts you suggest, the Court is likely to eventually give him permission to remove the children so long as he has some motive more than merely reducing your contact with the children. So long as he will gain a "real advantage" by the move, he is likely to get permission. Some serious issue in your life has caused you to have very limited contact. If the gender roles were reversed to the more usual situation (woman has custody, man has supervised visitation), I doubt that the courts would refuse the woman the right to remove the children.

At the very least, a good lawyer can help you mitigate the damage, and make the father of the children justify the move to the courts.

Re: Moving out of state custody additional answer

On rereading, by the way, I note that you never say "ex husband." This may leave him with a lower standard.

I also note that you say you have a recording of the man making statements. If you recorded him on the telephone without his knowledge and permission, you have committed a crime. The courts in Massachusetts are even reluctant to allow in-person, non-permissive recording -- I recall a case in which a police officer's refusal to be recorded at a traffic stop was upheld as a right by our highest court, as bizarre as that sounds. Though I have NOT researched this question at all, I think you need to address this issue before you take the recording to court. It might not only be disallowed, it could be brought to the criminal courts' attention.

You really should obtain a lawyer's help here.