Legal Family Law Advice HELP!?

Emergency Advice PLEASE


I have sole physical custody and joint legal of my daughter in the state of Massachusetts. I am in financial ruin because my estranged husband (not the father) left me with a mountain of financial burdens. I have tried unsuccessfully for a month to figure out a way to stay in Mass however, I am on the verge of losing my apartment. I mentioned to her father that my family in Maine is a huge support system to me and has offered to help get me back on my feet. This change is just over 2hrs driving distance. I was just served today with a motion for Short order change in custody. Can he take my daughter from me or prevent from leaving even if I have no other options? I was not aware of any relocation notice so I did not file one.





HELP! Can I loose my daughter here?Legal Family Law Advice HELP!?
You need to get an attorney immediately. Go to findlaw.com to find a family law attorney in your area. Make sure he or she is experienced with custody issues.


Yes, some courts will remove the child from your home if you try to move her out of state away from her father. This area of law is so nebulous, but most courts use several factors to determine what is in the best interest of the child. If she is old enough (again, how old depends on the state) she may be able to choose who to live with.


You need an attorney. I know you are strapped for cash, but many attorneys will take a payment plan.


Until then, put your plans to move on hold. Don't take the risk of losing her. I have seen it happen. Legal Family Law Advice HELP!?
Yes he CAN keep your from taking your daughter out of state. If you take her out of state without his permission he CAN have you charged and convicted of kidnapping, and then you will REALLY lose your daughter because kidnapping is a FEDERAL offense and you will lose even visitation rights to your daughter, you could be forced to sign away all parental rights. You also need to read your custody papers, most custody papers state that the custodial parent may not take the child out of state to live without granted permission of the non-custodial parent. YOU signed the papers, maybe you should have read them first.
To be honest he can. However, if you petiton the court to get permission to move to another state, and explain why they usually won't.See he has to prove neglect and all that other stuff as well. If he has no case, than there is no worries. A court won't remove a child due to hard times, unless it's in a neglect sit. Question, is he paying child support?? If not, most likely you'll be leaving with an order.
I live in California and the laws are different but I'm under the impression that this pretty much the same in every state. Check first! If changing states you do have to file the proper forms but since you have primary physical you do have an advantage. He will have to prove that it would be detrimental to the child to move. Since it is only 2 hours it shouldn't be a huge deal most judges won't view that as a long distance. It really shouldn't be a problem especially since it seems you don't have other options. Unless there are other circumstances you did not state abuse, mental illness, and other such things you will not be in danger of losing your daughter. He would have to prove you've put her in danger. Just show that you are willing to work with the father to keep him involved. I met with my daughters father half way and she spent most weekends with him. Always remember that nothing is permanent with custody. If one of you doesn't like what has been decided you can always go back, different judges even in the same county will rule differently.