Q: Unmarried parents, not living together- daughter is 1 month old and I am filing for custody and visitation in MA
Mother wants to take her out of state for 2-3 weeks which means I won’t be able to see my daughter. How do I prevent this? We do not yet have any court orders.
A: If paternity has not been formally acknowledged already you can commence a Paternity proceeding and seek temporary orders that the child not be removed from the Commonwealth of Mass until adjudication of same. If paternity was already established then a Custody and Support proceeding would need to be commenced and you would be seeking visitation and obtaining a child support order as well as a temporary order that the child not be removed from Massachusetts- does it seem this is truly a vacation or is something else going on- the Court is ok with short vacations if the location and return date /return tickets are presented to the Court by the party seeking to have the child out of state for vacation.
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