Can I move with my children to my mother’s house before my divorce?

I live in the house with my soon-to-be ex-husband and our 2 children. We moved 1:45 hours from any of my family. With the divorce happening, I want to move back with my family to get back on my feet with our children. We will still be in the same state. Can I move myself and my children?

Asked on September 14, 2017 under Family Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you may not: you cannot deprive your husband, whose parental and custody rights are fully the equal of yours, of the custody and company of his children in this way, at least not unless and until a court (e.g. family court, in the context of a divorce proceeding) makes a judicial ruling as to custody.


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