I am currently in the middle of a modification to remove my child from Massachusetts. I have sole physical custody and share legal custody with childs father. We were never married. We split up when child was 2 years old, now age 13. I was 18 years old and still in High school when I had my child. I have health problems which would be relieved by moving out of state to a warmer climate and my husband has better job opportunities in new state, North Carolina. I have been found disabled by Social Security Administration and am unable to work.
When we were before the judge today she asked if either of us had found case laws about the father objecting to child leaving state when he himself resides in New Hampshire. I have not been able to locate anything and could really use some help. If anyone has any info on this that they can share I would be very appreciative.
Removal of children from MA
Sorry, I don't know of any such case law. That certainly doesn't mean there isn't some out there. However, given that you have sole physical custody, I would have thought that the judge would have been more interested in applying the so-called "real advantage test" for removal cases. In other words, do you have a good, and good faith (not to harm your ex), reason for removing the child from Massachusetts. It sounds like you do. Good luck.
Hello and thank you for your
Hello and thank you for your response. We have not yet reached the trial, but yes I do. I have not prevented visitation between father and child and have purchased a cell phone, laptop and webcam for my daughter to continue contact with her dad. I have offered to split the travel expenses for my daughter to come back for all school vacations and summer break and stated he may visit her in NC. I am trying to relocate because my husband can make the same money in NC as he does here and the cost of living is far less in NC. I also have a dibilitating back condition and it causes me constant pain. Which is worse in the cold wet weather.
I had the impression at the pretrial that the judge will approve the move. My daughters father pays very low child support and claims he cannot afford to increase the amount. (Just had motion to compel approved by judge to get his tax returns yesterday for verification.)