Can I leavethe statewith my daughter without her mother’s permission?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I leavethe statewith my daughter without her mother’s permission?

My fiance is cheating in me and she says she is leaving me for this man and he is not a good person. I do not want my 7 year-old daughter around him. Can I take my daughter and leave to go live with family in TX;, we live in MA now. Do I need her mother’s permission or can I just go? I do not want to wait for a custody battle I just want to leave ASAP.

Asked on July 12, 2011 under Family Law, Massachusetts

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If there is no custody order in effect then yes you can leave. Otherwise you could be charged with parental kidnapping and found to be in comtempt of court (for which there are fines and possible jailtime). However, the child's mother could file suit in MA at which point you would be legally compelled to return to the state.

You could file in TX but you would have to wait to establish residency (typically that takes 6 months) and the mother could file in MA first. Your best bet here is to file in MA yourself before the mother and seek custody of your daughter. You can then make application to the court to leave the state. The court will then base its decision on just what is in the "best interests of the child".


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption