Legal Question in Family Law in Massachusetts
removal from the commonwealth
what ramifications am I looking at if I am currently in a court case for removing my son from the commonwealth and I have done everything asked of me by the court, waited for over a year for a trial and no trial is in sight. They ordered untill trial for my son to remain int the commonwealth, but it is becoming increasingly difficult due to housing situation and the emoitional well being of my child. What happens if I take him with me to our home out the state?
2 Answers from Attorneys
Re: removal from the commonwealth
You can take your son for vacations when you have him, but if there is an existing court order that you not take him to live outside the state and you are in violation of that order, there is the possibility that you might lose custody, and have to pay counsel fees to your father.
I realize it is a hardship to wait for trial, but there is no other choice short of settling. You might try to work something out, where you can move, but your son comes back to father's state fairly often, or, if a substantial move, then for large periods of time, like the entire summer.
Re: removal from the commonwealth
If you remove your child against a court order, you will almost certainly lose custody.
You should engage an attorney if you have not already, and actively seek to bring the matter to a conclusion.
At the very least, if a pre-trial conference has not been sought, you should request one.
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