You are free to go out of state. Until the baby is born and a paternity test is conducted, he has no rights over you or the child. Even once he is adjudicated the father, you automatically will have sole custody of the child until a court determines otherwise. Keep in mind, however, that if he is the father, he will likely obtain parenting time down the road, which will require effort on your part should you move. Good luck.
As attorney Wons has stated, there is no legal obligation for you to stay within MA at the present time. As she has also stated, should your ex be the Father, the Court will grant him visitation with your child and your relocation may prove to cause more problems. Keep in mind though that should your ex be the Father and should he file a Complaint in the Probate and Family Court, the Court will likely scrutinize your decision to relocate. Are you actively trying to keep him from his child or do you have a good faith belief he's not the Father and/or a good faith reason for moving? While M.G.L. 209C provides that you presumptively have sole legal and physical custody of your child, if you make a consertive effort to exclude your ex, a Court will not look favorably upon your actions. Where you move will also have an impact.
This response is for informational purposes only and not intended to be legal advice; nor is this answer intended to create an attorney/client relationship. Legal advice and an attorney/client relationship can only be rendered after a full in person consultation has been conducted with an attorney wherein all necessary facts and circumstances are disclosed. To the extent additional or different facts exist, the within response may be different.
I agree with the information provided by Attorney Armstrong. The Court will consider the reason you chose to move as well as the distance between the child's father and yourself Another issue to consider is child support as different states have different laws. In Massachusetts, the Court can order support through college (up to age 23) and a possible contribution to college where in other states (such as NH) child support ends at 18 or graduation from high school. I would suggest you consult with an experienced domestic relations attorney to learn more fully your rights and obligations. For more information please see the attached link to my web site. Thank you and good luck.
Attorney Eric Schutzbank is licensed to practice in Massachusetts and New Hampshire. The above information is not legal advice and is merely intended for educational purposes. No attorney-client relationship has been established between the author of the post and Attorney Eric Schutzbank
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