Legal Question in Family Law in Massachusetts
My wife and i moved to florida mainly due to her being diagnosed with ALL ( lukemia), her parents live down here. she has 2 children from a previous marriage and she had physical custody with her ex-husband getting visitation once a week and everyother weekend, to which he only took them everyother weekend and not even for the times agreed upon in their divorce decree. he told her at first that we could not move to florida with the kids but then decided that if he got one of the kids then it was ok, before moving we had custody agreements drawn up that they both signed and had notirized pertaining to the care of each child as well as, even if a child is grounded from the phone it will NOT be enforced when it comes to talking to the other parent, and if either child decides that they want to go live with the other parent, then the parents will discuss it with the best intrest of the child in mind. The daughter (12) that stayed with him in Mass has made it VERY clear that she wants to move to live with her mom and now he will not let them talk at all! He as also told my wife that she would have to move back to Mass and then he might let her see her daughter. Is there anything we can do short of moving back to mass to try and get her back? I don't know if this is relevent but, he was also ordered to pay weekly child support and because of how ofter he didn't pay it they have been taking his tax returns for the past 3 years
2 Answers from Attorneys
Hello,
From your description of the situation, it sounds as though the last court order there was addressing custody and parenting plans/visitation regarding the children was through the divorce agreement. A notorized agreement that is not entered as a court order/judgment is not enforceable. In order for your wife's daughter to move from Massachusetts to Florida, your wife would have to petition the probate and family court in the county where the daughter resides for removal from Massachusetts to Florida. I understand that living in Florida makes it difficult to travel back and forth for court procedures but an attorney representing you can move to waive your wife's appearance for some of the court appearances. As far as the child support goes, a complaint for contempt should be filed against the Father for failure to pay court ordered child support. If he is found guilty, attorney fees and expenses can be awarded.
I strongly suggest that your wife consults with a family law attorney licensed in Massachusetts to get a better understanding of all of her options.
If you are interested in a free telephone consultation, you can contact me via email at [email protected] or at 978-276-0777 to schedule a time convenient for you.
Thank you,
I agree with the above opinion. I would also add, however, that likely your wife retains physical custody of the children. This should help alleviate any issues in removing the daughter from the ex-husbands residence. I would also note, that family courts act as courts of equity. Meaning that the best interest of the child will be the most important factor for the judge to consider if a motion for removal is pursued.
Feel free to email or call me for a consultation: [email protected], 617-756-3181
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