Legal Question in Family Law in Massachusetts
Can she do this?
For the past couple of years I have taken my son, 2 yrs old, every Tues night and all day Wednesday till 8 p.m., and every Saturday night and all day Sunday till 8 p.m., as well as one or two nights a week after work.
His mother and I never went to court for custody and agreed ourselves on a support payment (drawn up by a lawyer). I pay more, but being in my sons life was my priority.
Last month I was notified I'm being recalled to active duty for deployment to Iraq. When I told my son's mother, her exact words were ''I wonder if we'll be here when you get back. We may move to Florida'' Fortunately I was so shocked I could not respond. Can she take my son out of state? Can I prevent this? Based on my two year pattern of taking my son several days a week, do I have a shot at shared custody? Should I take this to court? I have a month before I leave, any suggestion would be greatly appreciated.
1 Answer from Attorneys
Re: Can she do this?
It is unclear as to whether you have a formal separation agreement that has been approved by a court. I would suggest you contact an attorney ASAP.
If you have a divorce decree and she has custody, she still needs your agreement or the court's approval to move. If she is moving for work or a legitamate reason she will probably get permission from the Court; but she will have to make accomodations for you to spend time with your son.
I think you should contact an attorney; expecially since you are going to Iraq. Please feel free to contact me if you have more questions.
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