Legal Question in Family Law in Massachusetts

If there are no actions pending in the Probate and Family Court, a parent can take a child outside of the state. However, once a proper Complaint is filed and there has been a hearing regarding custody and visitation, a Judge can order that custody be granted to the parent who did not remove the child from the Commonwealth. On the other hand, the Judge can consider the reasons for removal in making the decision to keep phlysical custody with the parent who removed the child.

If you are concerned about removal, file a Complaint prior to it occuring, so that the parent is barred from taking the child. If removal has already happened, make sure to file a Complaint within 6 months of the child's removal. Otherwise, jurisdiction may transfer to the new state, thus making it difficult for you to obtain an order of custody.