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Will my soon to be ex wife be able to take my child to live out of state following our divorce?
Anonymous2 views4 answers
My wife and I have agreed to get a divorce but cannot agree on the arrangements for our child. We are currently living in Massachusetts and she wants to take our 7 year old daughter back to NJ after the divorce. The reason for this is because all of her family is in NJ and wants that support network. She does not make much money so supporting herself without family could be difficult. I would like to have shared custody in MA. If we cannot agree, is it possible to tell which way the courts would lean when making a decision?
That area many factors that are considered by the Court when entering an order that will allow a parent to remove a child from the Commonwealth.
It is impossible to accurately predict how a Court will determine an issue. Often judges will comment during a case at different hearings that will give insight. You need to discuss this papers with your attorney. If you don’t have one this may be a time to consider retaining one.
You REALLY should have an attorney representing you in a divorce case with children involved.
It is possible for a judge to allow your wife to take your child to another state, but I would be surprised if that happened over your objection. Unless you are deemed dangerous for some reason, the court is going to support shared custody, or at least visitation, and that becomes very difficult between Massachusetts and New Jersey.
There also may be alimony depending upon the income disparity and length of time you were together. Shared physical custody in 2 different states would not really be viable . Legal representation is a good idea in your situation.
She cannot do so without your permission or the court's. How a court views this depends on the type of physical custody you two employ, shared or primary with mother. Both the usual "best interests of the child" standard and the "real advantage test" mother must meet are in play. Google "real advantage test massachusetts" and you'll find an interesting 2018 blog on the subject. Change in the law here may be coming.
FYI, her more limited means will be augmented by your child support.
