Legal Question in Family Law in Massachusetts

I am currently separated (not legally) from my husband. I want a divorce and full custody of our two young children (8 months and 5years old). He wants shared custody. I do not agree because I have always been the primary care taker of the children and really want stability for them. I now have the opportunity to move out of state for work, given that I have not file for divorce can I move?


Asked on 2/03/14, 9:06 pm

1 Answer from Attorneys

First, joint custody does not mean the same as physical custody. You can have joint custody with you having primary physical custody. Likewise having sole custody does not mean that your husband would not be entitled to visitation with his children.

If you want to move out of state for work, I would file for divorce and seek court permission to move. If you move without the consent of the court and your husband files here it would be to his advantage in a custody battle. Since you and your children have been resident here, MA courts would have jurisdiction until you qualify for residency and jurisdiction for a divorce under that state's law. Likewise, since your husband is not a resident of the other state that will complicate jurisdiction as well.

If you have additional questions, please feel free to contact me.

Read more
Answered on 2/04/14, 4:50 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Massachusetts