This guide provides an overview on how to get temporary custody of a minor. Topics covered include powers of attorney for care and custody, standby and other temporary guardianships, and temporary custody in divorce.
This guide provides an overview on how to get temporary custody of a minor. Topics covered include powers of attorney for care and custody, standby and other temporary guardianships, and temporary custody in divorce.
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Under current Massachusetts law, a judge may issue an emergency custody order changing the living arrangements of a child or awarding one party temporary custody if there is sufficient reason to believe that the child is at risk of bodily injury or sexual abuse, or there is substantial risk that the child may be ...
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.
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.
If you want to relocate with your child, you must give the non-moving parent notice. Notice will give the other parent an opportunity to object and then both of you will be able to go to court and ask a judge to allow or to block the move.
To file a motion for temporary orders when you are filing your new complaint or into an already existing case, you should include the following forms: The Motion for Temporary Orders (CJD 400) An Affidavit, where you explain to the judge what happened and when. A Proposed Order.
Or, one parent could have sole legal and physical custody, and so on. However, it's essential to note that Massachusetts courts prioritize the child's best interests. So, while it is possible for a parent to be awarded sole custody, it isn't granted lightly.