Legal Question in Family Law in Massachusetts

move children out of state

I have full sole legal & physical custody of my children. My ex-husband has no visitation at this time. It will only be considered when he is released from prison and is agreed to by children's therapist. WHY do I need court's permission to move my children out of state of MA??


Asked on 8/07/07, 9:42 pm

3 Answers from Attorneys

Re: move children out of state

The court where you derive your rights under your divorce decree has the authority to control whether or not you can move out of state. MA Court retains jurisdiction over the children and as such controls when and if they can move out of state, unless of course your ex-husband agrees that you can move out of state.

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Answered on 8/07/07, 9:50 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: move children out of state

Because when you invited the court to participate in your life, you also invited the court to give you permission to move.

However, if your ex agrees in writing, that can be filed with the court, you can avoid much of the problem.

If you need assistance, contact me.

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Answered on 8/07/07, 9:57 pm
Michael Baldassarre Law Office of Michael J Baldassarre

Re: move children out of state

The court retains jurisdiction over the minor children after divorce. However if you get written agreement from ex to remove children, you can file that with the court. Otherwise, you would have to petition the court. Under your circumstances though it is likely the court will be favorable if there is good reason for the move.

If you need assistance, please contact us.

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Answered on 8/07/07, 11:00 pm


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