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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.

Jun 07
2007

Ask a Lawyer: ex moving out of state

Posted by: Dads Divorce

Tagged in: MA , Legal Strategy , Ask A Lawyer

Question:

My ex is legally trying to move my children from one state to another. Even my lawyer states that it is likely that the judge will rule in her favor as she has met the "does she have a legitimate reason for wanting to move". I could have worked out a deal with her regarding visitation but she's moving almost 1000 miles away and I can't stand the idea of not being able to see my kids a couple times per week and being a part of their lives. I have the trial coming up (the judge gave only a few weeks to prepare between the trial and pre-trial). My attorney (whom I retained right after the pretrial as I was pro-say before) is going to focus on my family who live in the next state about 75 miles away and the close relationship my daughter has with them. He doesn't want to get into the verbal and physical abuse I had to endure all those years or the fact that this is my ex's 3rd marriage. (she has 4 kids with 3 different fathers plus this new husband that she met online). I guess what I'm looking for is idea's of an outline of what I need to do in court to try and get the judge to not allow her to leave the state with my daughter. I feel like I've allready lost but need to throw up anything at this point. (like why doesn't my daughter have the right to stay near her bonded and loving father?) any thoughts would be very much appreciated.

Answer:

Allow me to preface my answer with the statement that I am not licensed to practice in Massachusettes. You need to stay focused on what is in the best interests of the children and why it would be best for them to move. Also focus on your relationship and involvement with the kids. This will be very important.
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