If my spouse has filed for divorce, can she spouse move our kids out of state?

I just found out my spouse has filed for divorce and she wants to move and take the kids out of state.

Asked on May 29, 2012 under Family Law, Indiana


Alan Pransky / Law Office of Alan J Pransky

Answered 8 years ago | Contributor

In Massachusetts, once a divorce action is filed, the children can not be "removed" from Massachusetts without permission of the other parent or a judge. Removed clearly includes moving to another state.  If your spouse wants to move the children to another state, she needs your permission or a judge.  Removing them without permission may constitute a crime.

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