Legal Question in Family Law in Massachusetts

Re: child moving out if state

While you have no standing, your husband should retain an attorney to file a contempt complaint in the Massachusetts Court that issued the child support order objecting to the child being removed from the Commonwealth on the basis that it is not "in the child's best interest". Good Luck!

Re: child moving out if state

Assuming your husband established paternity, he can ask the court to halt the move, pending a hearing, and a trial. Moving without consent or a court order can result in the shifting of custody. This sounds serious, and I would strongly suggest that you contact an attorney or myself quickly. You can reach me at my office this morning.

Re: child moving out if state

The standard test for any movement of or change in visitation or custody of a child is "what is in the child's best interests?" Your husband has the right to object to the out of state move and petititon the court to prevent the move or order a change in custody.

Re: child moving out if state

Court must ask whether you consent to the removal. If your hubby does not consent, he is entitled to an EVIDENTIARY hearing. The court is tightening up a little and not letting the kids be removed.

So you have a chance but its difficult and expensive.

In the meantime, click on http://www.drano57-complaint-against-judges.htm

This file is on my website and is about the removal of children to another State.

Also go to my website and scroll down to Uniform Child Custody Jurisdiction and Enforcement Act [uccjea). Look also for the Mass. Child Custody Jurisdiction and Enforcement Acton my website.