Legal Question in Family Law in Massachusetts
will moving out of state cause legal problems for myself?
I have been taking care of my son primarily since april 2006 and have not even filed for a divorce with the child's father yet. I want to move out of the state, but am concerned with the possibility that it may be illegal without his consent. He has taken care of him maybe 2 weeks total since I left him. We originally lived in Florida then when he left he moved to Massachusetts to where I moved there as well 5 months later.
2 Answers from Attorneys
Will moving out of state cause legal problems for myself?
THe state of law, generally speaking, is barring a court order, or present involvement in the court, you can move any where you want.
There are other issues which you may want to consider that are not necessarily legal ones.
If you have any questions or need assistance, contact me.
Re: will moving out of state cause legal problems for myself?
You may leave if you have court permission or your husband's permission. If you do not have permission, your husband can file a divorce action in Massachusetts and seek the child's return. Under the Uniform Child Custody Jurisdiction Act, Massachusetts retains jurisdiction over the child for 6 months if the move out of state is NOT permissive.
With due respect to the prior response, it is not at all complete, and you should not just move out of state without speaking to a divorce professional.
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