Legal Question in Family Law in Massachusetts
wanting to move for the better- not to disassociate
I'd like to move closer to my own family, which would be in N.Y. With the prospect of renting to own in line as well as a job, and its also a halfway point for my first daughters father who is due to hve a second child and both grandparents live in N.Y. also. The father of my second child, with whom we share joint custody of, reside here with his own parents and express dislike. We were NEVER married. I am under the impression that in a paternity case you may move if you choose, but if it were a divorce you would have to proceed with further court hearings. Can I request a complaint for modification of the paternity order or may I proceed with my move. All intentions of bettering my childrens life, meeting their individual needs and not breaking down long term relationships.
1 Answer from Attorneys
Re: wanting to move for the better- not to disassociate
Whether you were married or not, if there are already orders/temporary or final within the court, you would need to either execute a written agreement between the parties and file it with the court and obtain a court order allowing same.
If there are only temporary orders in place, you can file a motion for modification if not, you need to file a complaint for modification.
Massachusetts General Laws chapter 208, section 30, "which permits the court "upon cause shown" to order that a minor child of divorced parents..."
The case on point is "Yannas v. Forndistoc-Yannas, 395 Mass. 7704, 711-12 (1985) "...evaluation of best interests of the child under Massachusetts Statute, M.G.L.A.c 208, section 30, requires attention to whether the quality of the child's life may be improved by change, including any proof flowing from improvement in quality of the custodial parent's life..."
The court looks at multiple factors: 1. the age of the child (is important); the underlying motive for the move; if a meaningful relationship can continue with the parent remaining behind; will this move benefit the custodial parent; is the move in the best interest of the child, etc, etc.
You may want to atleast consult with a family law attorney. Sincerely, Maria Murber
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