Legal Question in Family Law in Massachusetts
taking kids out of state
my son has 2 boys, he is not married to the mother. His name is on the birth certificates. Can he prevent her from taking the boys out of state?
2 Answers from Attorneys
Re: taking kids out of state
The courts can, in theory, order the mother to keep the boys here. However, no statute requires that she seek or obtain permission. Further, were your son to go to Court and get an order, it wuld at best be temporary. So long as the mother has a legitimate reason to move -- job opportunity, etc. -- she will likely be granted permission in the long run.
: taking kids out of state
Unless the mother has been involved in a court proceedings related to the children, she can take the children out of state.
Yes, he can prevent her by taking the children if he files an action in probate court.
Should you have any questions, or need assistance, contact me.
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