What to do if I don’t want my wife to move out of state with our child before the divorce and custody hearing?

May be leaving my wife. I’d be moving out but don’t want her taking my son and moving out of state before I can file for divorce/custody.

Asked on December 12, 2011 under Family Law, Oregon


Kelly Broadbent / Broadbent & Taylor

Answered 8 years ago | Contributor

You should file for divorce immediately.  In Massachusetts, if divorce has been filed, a party cannot move out of state with the children unless the parties agree or the court approves the move.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.