Legal Question in Family Law in Massachusetts

Re: Out of state rules for custody

You should be able to move to wherever your husband is stationed. Your husband's military service should not prejudice your custofy of your twin daughters. Prior to moving, you will need to seek permission of the court since your custody order probably contains language prohibiting removal of the children from the state. So long as the move is not for the purpose of depriving the non-custdial parent of visitation, a modification of the terms will likely be approved. Contact my office if you would like us to represent you; my partner and I are both former active duty army judge advocates.

Re: Out of state rules for custody

This is purely a matter of state law; service with JAG or other military legal services, while helpful, is not essential to answer the question or represent you. I am a family law practitioner with 20 years' experience, and would be happy to help.

I am assuming based on the way you discuss the father of the children that you were not married to him. If you were married, you absolutely require his permission or a court order to move the children from Massachusetts. As the decision is based on the "real advantage" standard, you should have little long-term difficulty getting the court's permission.

If you were not married, there is no statutory mandate that you seek court permission to move. However, as a move will affect any child visitation orders, you should seek the court's permission, and to modifiy the visitation accordingly (as you suggest you are willing to do).

If you need further assistance, please feel free to contact me via e-mail. YOu can learn more about my practice and experience at www.gregleelaw.com.