Legal Question in Family Law in Massachusetts
I have shared legal and physical custody of my child in a divorce agreement.A few years ago my ex-wifre moved to the other end of the state and it has impacted my time with my child. I did not go to court due to no money. Now she wants to move to Florida with our child and I feel I will see her significantly less if at all. What are my options?
3 Answers from Attorneys
Massachusetts law prohibits removal of a child from the state without either your permission or a judge's. You should tell her in writing that you do not want your child to move out of Massachusetts.
While you can tell her you do not want her to move she will petition the court to go anyway. You will need to object and tell the court you cannot afford to fly your daughter back and forth and if she wants to move that far away, your ex-wife should make some accomodation to you so you can spend time with your daughter.
Send her a letter objecting to her move in writing, preferably return receipt so you have proof you told her not to move.
Good Luck.
Your ex cannot go to Florida without your permission or without the court's permission. Should she leave and go to Florida without either, you have the right to file a complaint and have the court order her back to massachusetts with the child
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