Woonsocket, RI asked in Child Custody and Family Law for Massachusetts

Q: Ex and I live in different states. I have custody, he gets visitation rights. Can I move to a different state with kids?

I moved away from him with our two kids 5 years ago. ( TN to MA ) He got a lawyer and we went to mediation, I ended with custody and he gets visitation rights that I have to pay for. ( plane tickets ) I now want to move in with my boyfriend of 4 years, but it’s to a different state ( FL ). Can my ex do anything if I move?

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1 Lawyer Answer
Brian Waller
Brian Waller
  • Divorce Lawyer
  • Worcester, MA
  • Licensed in Massachusetts

A: Good question. It really depends on the agreement that you came to with your ex when you moved away. If there is any restriction about moving to any state other than TN, then obviously it would be an issue.

Realistically, there should be no impact on your ex if you are paying for the plane tickets anyway, but he may be opposed to you moving in with your boyfriend with the kids and could make a bigger issue of it. Something like this is very fact-specific so someone would need to understand the background and review the agreement to give you a more informed answer. In general, moving states with kids when there is a court order in place is complicated unless both parents are in agreement on the move. You should definitely speak to an attorney (or more than one) to get a better idea.

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