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Mother moved about one hour away further than she lives before, without court approval. We both have joint legal and physical custody. This is causing my child to have to move to a completely new school system, which my child is not want. The mother is also telling me that she is no longer going to drive to pick up the child after visitation, when our agreement was I would pick the child up from her and she would pick the child up for me. What are my legal rights in Family Court? Does she have a legal right to do this?

ANSWER:

She absolutely does not have the right to move the child without prior court approval. The simple fact that you both have joint legal and physical custody is also very important to this issue, as you have the legal right to make any decisions upon where your child lives, school systems they go to and any other decision that impacts their lives. If this case was brought to my law firm, I would also file a motion for contempt of court and also a motion for attorneys fees at dealing with the situation. This is one of the biggest problems with family law, the other parent or your ex in a divorce case, is constantly causing you trouble and it’s constantly costing you more and more legal fees. This is why my law firm we always ask for legal fees that are for court appearances and legal work, that because of the other side must be litigated by our clients. But completely answer your question your ex had no legal right to do what she did. You have the legal right to take her to Family Court and deal with the situation.

 
Joseph F. Botelho, Esq.

BOTELHO LAW GROUP
Attorneys At Law

901 Eastern Ave.
Unit 2
Fall River, MA 02723

Office:  888-269-0688

Email: jbotelho@botelholawgroup.com

https://www.botelholawgroup.com/

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