Legal Question in Family Law in Massachusetts

Re: moving out of state

Depending on your specific facts, there is a very new case that came out last week that stands for the proposition that moving out of state to be with a husband is per se good cause. This still means that you need to seek the court's permission.

To do this, you either get your ex's permission or must file a complaint for modification.

This matter will probably end up going to trial. On the safe side, given the potential complications, you should consult an attorney.

You can contact me, and I will be glad to describe the process and discuss your options.

Re: moving out of state

In order to move out of state with your child you will need the court's permission.

You need to file a petition with the court. It may require an adjustment in visitation and you may be obligated to pay for the transportation of your child to visit your ex.

I suggest you contact your divorce attorney and coordinate a Motion that allows you to move out of state.

Good luck.

Re: moving out of state

Were you married to your daughter's father? Was there an adjudication in court regarding full legal and physical custody? If you were not married, was there something filed in the court regarding paternity, child visitation, child support, etc.?

If there was something filed in the court and your child's father is recognized as the legal father of the child, you have to petition the court for removing the child out of state.

Either there has to be an agreement between the parties recognized by the court and/or by court order allowing you to remove the child.

You need to petition the court (file a complaint for modification). You cannot unilateral decide to move. Both parties need to agree and/or the court needs to order same.

Please see below the statute that pertains to your question as to relocation and the factors the courts look at regarding same.

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..."

The court looks at multiple factors: 1. the age of the child (is important); the underlying motive for the move; if a meaningful relationship can continue with the parent remaining behind; will this move benefit the custodial parent; is the move in the best interest of the child, etc, etc.

You may want to atleast consult with a family law attorney.

Sincerely, Maria Murber