Legal Question in Family Law in Massachusetts

moving out of state

If I moveout of state who would be responsible for transporting the children for visitation.


Asked on 4/16/08, 4:40 pm

2 Answers from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

Re: moving out of state

First off, the answer assumes that you were married. If you were not married, no statute actually forbids you from moving the child out of state.

If you were married, you need the other parent's permission to move, or the court's permission. In almost all cases, you will get the court's permission.

The transportation depends on how far you move. If you were to move from Lowell, MA to Nashua, NH, for example, there might be no change in transportation. If you move to California, the court is likely to order you to share the expense, or to accept lower child support due to the anticipated cost of air fare several times a year.

Please note that, while there is no statute directly forbidding you to move in an "out-of-wedlock" child situation, you still have to seek to amend the visitation order. You cannot just move without paying attention to this.

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Answered on 4/17/08, 1:34 pm
Gabriel Cheong Infinity Law Group

Re: moving out of state

I'm assuming that you and your ex-spouse have a parenting plan agreed upon and signed off by the court. If that is the case, then you need to work it out with your ex and also get permission from the court to move out of state.

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Answered on 4/16/08, 5:01 pm


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