Legal Question in Family Law in Massachusetts

Re: Moving out of state

Based on the fact that you mention you were divorced 4-years ago, I am assuming there is an order in the court regarding visitation/child support and the like. With that being said, please be advised that you cannot unilaterally leave the state without having either an agreement between your ex-husband and yourself (and filed in the court) or, an order from the court prior to removing your child from the Commonwealth of Massachusetts.

If your ex-husband does not agree (in writing) or you do not obtain an order from the court allowing the removal, you could be charged with kidnapping, contempt of court, etc.

The statute on point is as follows:

Massachusetts General Laws chapter 208, section 30, "which permits the court "upon cause shown" to order that a minor child of divorced parents..."

The case on point is "Yannas v. Forndistoc-Yannas, 395 Mass. 7704, 711-12 (1985) "...evaluation of best interests of the child under Massachusetts Statute, M.G.L.A.c 208, section 30, requires attention to whether the quality of the child's life may be improved by change, including any proof flowing from improvement in quality of the custodial parent's life..."

I highly advice that you discuss this with a family law attorney. My initial consultation is free and if you are interested in discussing this matter further, please feel free to contact me via email at [email protected] or at my office number under my profile.

Sincerely, Maria Murber

Re: Moving out of state

You are the one who needs to file a complaint for modification to move your child out of state. And you will need to provide for some fair visitation to make up for the child no longer being readily available, sending him here for school breaks, holidays, summer vacation. Computer contact if the child is old enough to use it, especially voice and image IM, will be good. If the father has joint legal custody, you will still need to discuss medical, school and other serious issues with him and keep him informed when you go on vacations or follow your husband to new postings.

Congratulations on your coming marriage.

There are some recent state supreme court cases saying that you cannot be prevented from taking the child out of state if needed for a better living, better job, family support, etc. If you were just doing it to spite the father, you might find a problem.

Re: Moving out of state

The short answers to your two questions are "yes" and "yes". It is suggested you retain an attorney to file a complaint for modification which may be done jointly by agreement with your ex-husband, if all the terms can be agreed upon. Good Luck, And Congratulations on your upcoming marriage.

Joseph M. Murray, Esq.