Legal Question in Family Law in Massachusetts
Taking child out of state without spousal permission
My husband and I live in MA are having marital difficulties. We have a son that will be one year old tomorrow. We are having a 1st birthday party for him in NJ since that is where all of my family is. My husband and I had a fight this evening and he is threatening me that I cannot take our son to NJ to his party and he will have me arrested. Can he do this? Can I take my son to his 1st birthday party out of state when my husband knows where we will be and when we will be returning? It is only a weekend trip.
2 Answers from Attorneys
Re: Taking child out of state without spousal permission
Your husband has no idea of the law. You have every right to travel with your son. The police have nothing to say about this when there is no order granting husband sole physical custody.
Your husband could, of course, go to court to CLAIM an emergency...but Probate Court judges have common sense.
You need to answer a deeper question: do you REALLY want to continue to deal with a man who attempts to control you by threatening police action? Especially when he is clearly either a) misinformed, or b) simply spouting off BS to scare you?
Re: Taking child out of state without spousal permission
I agree with Attorney Lee.
It sounds like you may be in an abusive and controlling relationship with your husband. In the absence of custody or other court oder, you have every right to travel with your own son.
Please feel free to contact our office should you have any further questions.
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