View Full Version : Intends to relocate permanently to another state
aamomma2010
Jul 10, 2012, 02:49 PM
Married no custody agreement no separation nothing. Hub is a drunk I am clean and sober over four yrs. I want to relocate back home to mass with my daughter I want nothing from him at all just my and my daughters freedom What's the deal ? What are my rights why trouble can I get into. His mommy will be in this fight too
AK lawyer
Jul 10, 2012, 03:04 PM
Sure, you can take her to Massachusetts with you. And he can, if he wishes, file a suit in whatever state you are now, asking for custody or visitation. Assuming your daughter is at least 6 months of age, your present state would be the "home state" under the UCCJEA, so custody could not be litigated anywhere but your present state within 6 months after you move. Massachusetts, by-the-way, last time I looked, was the only state which had not adopted the UCCJEA, however that commonweath's laws on the subject are similar.
Fr_Chuck
Jul 10, 2012, 03:29 PM
If you move and he does nothing, no problem, after you have been there for a while, you file for custody ( get residence first)
BUT and this is a big but, he can file as soon as you leave for custody and ask that the child be returned to state, and you would have to.
So it is your risk, if you think he will file in his state if you leave or not
aamomma2010
Jul 18, 2012, 07:54 AM
Husband is emotionally abusive towards my daughter and myself I live in New York need to move bak to mass What proof do I need? For this to be an emergency removal from him Help wants to pack and leave asap !
aamomma2010
Jul 18, 2012, 01:22 PM
Husband is abusive to daughter and myself How do I get him out ? How do I get to relocate back home to mass ? I do not want to go to a shelter I want to go from here New York to back home with my daughter. She says she don't like daddy. She appears to be afraid of him I am agfraid of him please help we need out and away from him asap
Fr_Chuck
Jul 18, 2012, 01:25 PM
If the house is in your name, you evict him if you are not married.
If the house is in both your and his name, you move out.
If there is no custody report you may move back to Mass but he could file in court to require you to return with the child to this state. That is just a risk you have.