Legal Question in Family Law in Massachusetts
travel consent?
I am married, but seperated. My 5 yr old daughter lives with the mom. Ialways have, and always will faithfully pay her child support. We have never gone to court for anything involving the child yet. The question I have is..... Is my wife allowed travel out of Massachusetts without my consent? If not, where can I find a doucument stating so?
3 Answers from Attorneys
Re: travel consent?
You should look at your separation agreement. It should indicate the limitations for your wife's ability to travel with your child outside of MA.
Re: travel consent?
Unless you have a legally binding Separation Agreement (Contract) or Court Order restricting removal of the child from the state there is no restiction on either parent doing so. If the Court orders support and visitation then there is Statutory and case law that restricts removal from the state unless the proponent can establish it would be in the best interest of the child. Retain an attorney to assist you with this.
Re: travel consent?
If you do not wish to divorce at this time, you could file a complaint for separate support to establish visitation, custody, child support, issue addressing out of state vacationing, etc. Once there is an agreement/temporary order/judgment in the court, and your wife is contemplating moving out of state, she would either need a written agreement with you and/or an order from the court allowing the removal.
You may want to consider consulting with a family law attorney. Good luck! Sincerely, Maria Murber