Legal Question in Family Law in Massachusetts

Re: out of state

Please see below Massachusetts General Laws Chapter 208, Section 30, relative to your question.

In addition, see Yannas v. Yannas, one of the cases the court looks to for removal matters.

There are several factors that are looked at as a whole whether or not, the children should be allowed to move out of state. Some examples as follows:

1. Age of the children;

2. The motive of the move;

3. The best interest of the child;

4. The best interest of the primary caretaker, which flows through the children; and

5. Etc.

Chapter 208: Section 30. Minor children; removal from commonwealth; prohibition

Section 30. A minor child of divorced parents who is a native of or has resided five years within this commonwealth and over whose custody and maintenance a probate court has jurisdiction shall not, if of suitable age to signify his consent, be removed out of this commonwealth without such consent, or, if under that age, without the consent of both parents, unless the court upon cause shown otherwise orders. The court, upon application of any person in behalf of such child, may require security and issue writs and processes to effect the purposes of this and the two preceding sections.

Pursuant to Massachusetts Removal Statute, Mass.Gen.Laws c. 208, � 30, �upon cause shown� means only that removal of the child from Massachusetts must be in the best interests of the child. See Yannas v. Frondistoc-Yannas, 395 Mass. 7704, 711-12 (1985) ��evaluation of best interests of child under Massachusetts Statute, M.G.L.A. c. 208, � 30, requires attention to whether the quality of child�s life may be improved by change, including any proof flowing from improvement in quality of the custodial parent�s life...� id.

My best advice to you, since you have not even filed for divorce, is to contact a family law attorney and go over all the facts and options as they apply to your situation.

If you are interested in a consultation feel free to email me at [email protected] or call me at the provided number under my profile.

Sincerely, Maria Murber

Re: out of state

Assuming you are granted physical Custody of the children in such divorce action as is filed the court may grant a request to allow the children to be moved out of state under MGL c.208 section 30 upon a showing that it is in the best interest of the children as defined in the Varnas decision. It is suggested you retain an attorney to discuss this further. Good Luck!

Re: out of state

Attorney Murber gave you the law. Now I give you the humanity.

If you move away, it will be selfish. The intended move is for YOUR benefit, NOT that of the children. Your children deserve to know and love their father. There is no way they -- the kids and their dad -- will have opportunity to build and nourish a warm and loving parent/child relationship.

The children are young for only a very short time. When they go to college or live with a significant other or marry, you will have plenty of time to be near your extended family.

I take this time also to remind you that when you were being intimiate with your husband, you never once thought about not being with your extended family. Your thoughts now to be near your extended family are only a smokescreen to your real motive(s).

Be sensible and mature and responsible to the children. Allow them to be near their father and to enjoy as much time with him as they enjoy with you.