Submitted by Dangerstache on Thu, 12/10/2009 - 10:03
My soon to be ex is now threatening me that she is moving w/ her new boyfriend to Denver. We are about to go to court to settle the custody part, but there is nothing in my agreement that says this can't happen.
I have to live within 25 miles, but now she can just move across the country? Do I have any leverage here?
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Editor's Response
You are talking about what the law refers to as "removal," or taking a child from the state. Massachusetts General Laws Chapter 208, Section 30 states:
A minor child of divorced parents who is a native of or has resided five years within this commonwealth and over whose custody and maintenance a probate court has jurisdiction shall not, if of suitable age to signify his consent, be removed out of this commonwealth without such consent, or, if under that age, without the consent of both parents, unless the court upon cause shown otherwise orders.
The issue of whether a child is "of suitable age to signify his consent" is not settled law in Massachusetts, and the answer probably varies from case to case. Regardless, this is a matter that you and your attorney need to take up with you wife when you go to court to discuss custody. Assuming the child is a minor, your wife will need to get the court's permission to leave the state. For more information or to post a question, visit our MA Divorce Law Discussion Forum.