Legal Question in Family Law in Massachusetts
Hello, I am planning on moving to Texas next summer from Massachusetts. I am in the final semester of nursing school and moving to Houston to begin my career would provide a better life for my family. I am married with two children, with one of them being my nine year boy named Logan who is my step son. My wife and his father were never married and he was out of his life for the first three years, but now see's him every other weekend. I am wondering if he wanted to try to stop us from moving what kind of rights does he have? Could he stop us?
2 Answers from Attorneys
To remove the child from the state will require court permission since it seeks to modify court ordered visitation. There is a multi-part test to be applied, part of which is the true economic advantage to the custodial parent. You should retain counsel and begin the process since, if the move is opposed, you are facing several months of court process.
You need either Logan's father's permission to take him out of the state or the court's permission. Accordingly, the court will change the rules regarding visitation, such as requiring you to send Logan to his father for certain vacations etc.
I would recommed you hire an attorney to assist you in seekinig permission, please feel free to contact me if you have more questions.
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