Q: Recently seperated from sons father, I will be looking for place. do I have the legal right to just move my son with me?
Live in massachusetts. We were never married.
A: You have not stated whether there was any Order of the Probate Court involved so far, so it is difficult to answer satisfactorily except that if there are no current Court Orders then with the mother of a child born of unmarried parents presumptively mother has sole legal and physical custody. However, the facts as to whether father has been actively caring for the child and the parties have been living together make a claim by father for joint legal custody a strong possibility and moving out of state would not be viewed well by the Court. If there was a fact pattern showing indications that joint legal custody and/or visitation would not be in the child's best interests, I cannot say.
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