Can I leavethe statewith my daughter without her mother’s permission?
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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 13 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".
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