South Yarmouth, MA asked in Family Law for Massachusetts

Q: The mother of my minor children is planning to move out of state with my children without my consent.Do I have rights

I pay court ordered child support.

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2 Lawyer Answers

Theresa Spearing

  • Concord, NH
  • Licensed in Massachusetts

A: Yes you have rights. If you have a Parenting Agreement it should specify the parameters of moving children out of the Commonwealth. If you have only a Child Support Order without a Parenting Order, it is in your best interest to file a Parenting Petition with the court in order to preserve your rights. If you gain a Court Order for parenting, she would need either a Court Order or your consent to move the children out of the state. If she petitions the court to move them out of the state, she would need a compelling reason that is in the children's best interest (i.e. extensive family ties, a job). You should consult with an attorney who specializes in family law and custody to gain a broader perspective of your specific case. You can contact me at Douglas, Leonard & Garvey, P.C. at 603-224-1988.

Ali Shahrestani, Esq.

  • San Francisco, CA
  • Licensed in Massachusetts

A: You can object to the move-away and file a request for a temporary restraining order prohibiting it if it interferes with your visitation/ custody rights. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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