Can I move out of state?

Posted by Thomas MallonJul 04, 20150 Comments

Can I move out of state with my son with joint legal custody?

We have joint legal custody, and I have final decision making. I also have primary physical custody. My husband is losing his job next spring. And my parents have recently moved to WV. At this point I do not have any support system here in Ma…

Thomas's Answer

21 hours ago

What you are asking for is a modification of custody and visitation based on a material change in circumstances, even though you want custody to stay the same. You are drastically wanting to alter visitation which changes the father's relationship with his children. So that the court must first determine if there has or would be a material change in circumstance (you wanting to move to West Virginia). It is likely the court would find this to be a material change, then the court must find that it is in the best interest of the minor child to move to West Virginia as well based on a dozen or so custody factors. Having final decision making authority is helpful, but not dis-positive or your wish to move with the child.

You are also asking to make this move with your oldest child, do you have others and are you splitting them up as part or your plan moving forward? If so, that is something I think the court would find very troubling.