Legal Question in Family Law in Massachusetts

I have sole physical custody of my son. I was never married to his father. I moved to New York state with my current husband. After a year of battling in court with his father to modify our visitation agreement, in order for my son to move with me, I decided to let him stay with his father. According to the agreement I still have sole physical custody. My son does not want to live with him, he is 9, he wants to come with me. He has talked about this with his teacher many times. I don't have 2 more years to wait for the Suffolk County court system. I am taking my son back to NY. My understanding is that this would be violation of visitation and I would be in contempt of court.

What would I need to prove to the judge that this is in Charlie�s best interest? Letter from teacher? The letter he wrote to the judge last year saying that he wants to move?

How long would it take for this to go through the court system with a final judgement?


Asked on 2/12/13, 1:01 pm

1 Answer from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Neither is sufficient nor adequate. You must hire a lawyer

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Answered on 2/16/13, 7:05 am


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