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If the law applies to you, you must get permission either from the other parent or the court before you can leave the state with your child. If you can get permission from the other parent to leave the state with your child, you do not need the court's permission also.
To get sole custody in Massachusetts, The court system in Massachusetts must be petitioned if you are to gain sole custody. In addition to the reasons you feel your partner is unfit or a danger to the child, you must be prepared to present to the court why you should be the sole custodian of the child.
Courts in Massachusetts strive to find solutions that are in the best interests of the child. Although judges are not supposed to favor joint legal custody and physical custody, in many cases they appear to do just that. Often a parent in Massachusetts must be deemed unfit for the other parent to win sole custody.
History of crime, violence or substance abuse In extreme cases, a parent who has continually put their child in danger could lose all custodial rights. Parents who make false allegations could lose custody themselves or face other legal repercussions.
A common question we get is "Is MA a 50/50 divorce state?" No. The state of Massachusetts is not a 50/50 state or a community property state.
However, most judges will deem a parent unfit and will not hesitate to give the other parent sole legal custody if they find they have a drug addiction, alcohol dependency or has engaged in some form of child neglect or abuse.
There is nothing that states they can say when they no longer want to visit that other parent. They are children and will do as their parents tell them, by the guidelines set up in the child support, child custody and visitation agreements established by the Family Court of the Commonwealth of Massachusetts.
If you need a custody order right away, you can file a motion for temporary orders when you are filing your new complaint, or before the court makes its final judgment on your open case.