QUESTION

My son's father signed birth certificate shortly after birth (10/07/11). He had minimal contact, but we lived together for one month.

Asked on Feb 10th, 2015 on Child Custody - Massachusetts
More details to this question:
Shortly after we lived together, domestic abuse escalated. I had to obtain restraining order, which was held 2 years following initial two week period. He never filed for visitation, and at last restraining order hearing (which was dropped due to no contact), the judge asked him why he never filed for visitation, as probate court can lift orders for visitation. His excuse was "I can't afford a lawyer," to which the judge replied that no lawyer was necessary. His next response was, "they gave me a huge stack of papers, and, hey, I'm just a carpenter." The judge told him, "that is your son!" Now, I would like to move out of state(MA to CA) and would like to know if I need to get a judgment first. Also, is it likely that I will have difficulty obtaining court permission.
Report Abuse

1 ANSWER

Massachusetts law requires you to seek court permission before relocating the child out of state.  The court use the real advantage test to determine whether relocation is beneficial to the child.  You may read the case of Wakefield v. Hegarty, 67 Mass. App. Ct. 772 (2006) for details on the standard the court uses in relocation cases.  Please let me know if you have further questions.
Answered on Feb 12th, 2015 at 7:57 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters