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If the parents aren't married — The mother has sole legal and physical custody of her child until a court orders otherwise.

While parents have the right to relocate, taking children is another matter. Under Massachusetts law, divorced parents are required to obtain permission from their child's other parent or the court when relocating with their child. Relocating outside a specified location can impact custody and visitation rights.

To get sole custody in Massachusetts, you can file with the court if you are either going through a divorce or if the child is born out of wedlock. The court system in Massachusetts must be petitioned if you are to gain sole custody.

One of the most effective legal steps is obtaining a court order prohibiting travel. Known as a no-travel order, this legal directive helps ensure that your child cannot be taken outside a designated jurisdiction—a city, state, or country—without your explicit consent or a court's permission.

Who has child custody before going to court? If the parents aren't married — The mother has sole legal and physical custody of her child until a court orders otherwise.

Under Massachusetts law, a minor child (under the age of 18) does not have the right to choose which parent to live with. The decision can be made by the divorcing co-parents if they are able to come up with a custody agreement that is in the child's best interest.

Allow your child to ask for a change of times and days when they see you and help them to feel comfortable doing this. If what they're asking for isn't possible, then explain why and work together to find alternative solutions. Remember to listen to your child's point of view.

Specifically, under Massachusetts child custody law, if a minor child is a native to Massachusetts, or has lived in the state for at least five years, his or her custodial parent cannot relocate with him or her outside the state unless the child first consents – so long as the child is of “suitable age to signify ...

In the care and custody context, a recent case tells us that a child under the age of 18 has no authority to declare their parent unfit simply by refusing to engage with the parent.