Legal Question in Family Law in Massachusetts

Re: Moving Out Of State With Sole Custody Of 4 Year Old Son

Your question raises an important issue. There is no direct answer. Let me take this in two parts:

(1) FAilure to pay support: This should be addressed in an action for contempt. A judge has the ability to place a "deadbeat" parent in jail and hold them until some or the whole arrearage is paid. Of course, if the non-paying person shows an inability to pay, and convinces a judge, the judge may not put them in jail. The court can also issue a work order, and order the non-payer to report weekly to probation about his success or failure in applying for a job.

(2) Re-location to Florida: In circumstances such as yours, you have the right to request from the court to modify the present order, and seek permission to move out of state. This request is a must. There is law about what you need to prove to try to convince a probate and family court judge that the move is in the best interest of the child, and yourself, and does not materially impair the child's contact with his father.

This, as you can see, is quite complicated. It is likely that it cannot be done without an experienced attorney.

You can contact me at my office at 978.749.3606, or if you have any further questions, or need assistance.

Re: Moving Out Of State With Sole Custody Of 4 Year Old Son

Before moving outside of the Commonwealth, you will need to file and get permission from the Court. You do not want to leave the state and risk that your son's father will file in your absence and be awarded custody or have you held in contempt for interfering with visitation. The court will look at what is in the best interests of the child, not necessarily the parents; accordingly, you should be prepared to show why this ex-boyfriend living in Florida is best suited to replace regular contact with your son's biological father. You should also be prepared that you may have to bear the expense of transporting your son to Massachusetts regularly for visitation. With respect to past due child support, your best bet is to file an enforcement action. If your ex (your son's father) is indigent, then you cannot expect to collect anything; if he is found able to pay and is not, then the courts have remedies available. Finally, you should understand that child support and visitation are not conditioned one upon the other in any state. Arguing that he is delinquent on payments will not justify terminating visitiation or moving the child thousands of miles away. If you wish to discuss the particulars further, please contact my office.