My wife is moving to Florida to live with her boyfriend and she says the courts will allow her to take our 6 year old daughter so I should just agree to it. But we have joint physical custody of my daughter and I don't want her to go. Will a MA court really let her move out of state?
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Editor's Response
When it comes to custody and visitation issues in Massachusetts, every decision the family court makes will be heavily influenced by the simple question: What is in the best interest of the child? There was an important decision issued by the Supreme Judicial Court of Massachusetts on this issue back in 2006. In Mason v. Coleman, 447 Mass. 177 (2006), the mother and father had joint custody, and the mother wanted to remove the child from Massachusetts pursuant to MA General Laws Chapter 208, Section 31. The Court held that, in joint custody cases, the parent seeking to remove the child from the state has to meet a higher burden than in cases where the parent seeking to remove has sole custody.
The Court did not state a rule that would apply in all cases, because each case is different. However, citing other cases, the court stated that "the child's interests will typically favor protection of the child's relationships with both parents because both are, in a real sense, primary to the child's development." And that "Distant relocation often impedes frequent and continued contact with the remaining joint custodian."
So, while I cannot answer your question, I can say that you have a good shot at defeating your wife's request. My best advice to you is to contact a MA divorce attorney and prepare to deal with your wife's attempt to remove your daughter. For more information about removal and other custody issues, visit our Massachusetts Divorce Discussion Forum. Good luck.