I have full legal and physical custody of my son. Can I move him out of state without his mothers consent or knowledge? She has not paid her child support since August. -- Robert, Longmeadow
 
The law refers to the act of taking your child from the state as "removal." Massachusetts General Laws Chapter 208, Section 30 states, in part: 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.
 
Section 30 seems to say that, in situations involving older children, the custodial parent may leave the state if the child agrees to go. Unfortunately (for those who enjoy clarity in the law), the question of whether a child is "of suitable age to signify his consent" is anything but settled. The answer probably varies from case to case, depending on the child. And even if your child is sixteen and at the top of her class in school, if you merely obtain her permission and leave, your former spouse may initiate proceedings to bring the child back.
 
I would recommend proceeding with caution. If your child was born in Massachusetts OR has lived here for five years AND you are or were involved in a divorce, paternity suit, separate support action, OR a custody dispute, you should obtain permission for the removal, either from your ex or from the Probate and Family Court. If you seek permission from your ex, get it in writing, and have her sign in front of a notary. File one copy with the court and keep another for yourself. (Submitted by the Editor)