Legal Question in Family Law in Massachusetts
A sixteen year old girl is living with her father in NY. She wans to live with her mom and sisters in MA. While on a visit home in MA she refuses to go back to NY. What are the consequences and reprocutions to her, her mom, and step dad in MA? Can she be forced to go back to her father? Can anyone be arrested? What laws come into play in this situation?
1 Answer from Attorneys
The First question is what court has jurisdiction, if it is NY, then they will issue a contempt order against you not her. You do not say how old she is, if she is a teenager, you can petition the NY court for a change in custody. However, such a change needs to be in the best interest of the child. You need to repost this question in NY if the child's physical custody is governed by a NY court.
If this was a MA divorce and the father has custody, you need to file a petition for custody here.
However, I would suggest you speak with the father and see if you can work something out with him before going to court.
Otherwise, I suggest you repost this question in NY and find counsel there.