Q: Can I get MA jurisdiction if the child has been living here for 4 months?
I conceived a child with mother in Ma (where the mother lived for 3 years), she moved to FL to have the child. I have been involved with the child since birth and have had 9+ trips between MA and FL for visits until the baby was 1.5, The mother and myself decided it best for us all to be in one state. I financially supported her in her move back to MA from FL. She has changed her id, her address is here, the child's daycare and family is here (I have family here as well as the mother). The child has only been living here for 4 months but now the mother wants to relocate back to FL. We have no custody orders established. The only thing that has been established in court is my paternity which was established in MA with the presence of both the mother and myself. Do I have the necessary criteria to file for a temporary custody order with MA having jurisdiction?
A: The Probate Court would have support order jurisdiction but not yet custody and visitation jurisdiction. However, is there a threat to the child's safety or well-being involved in the return to Florida? If so, Massachusetts may consider taking the case.
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