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  1. #1
    Join Date
    Oct 2012
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    Question Interstate Relocation, No Custody Order

    my question involves a child custody case from the State of: Wisconsin and possibly Massachusetts

    My child is 14 months old, born in Wisconsin, and his father is on the birth certificate but we were never married. His father is from Massachusetts but lived in Wisconsin for a year and a half. He returned to Massachusetts in May. I chose to relocate from my home of 8 years in Wisconsin to Massachusetts to try to work things out with the father. This was in June, exactly 4 months ago. It's been a long 4 months and I want to leave Massachusetts. It's not working out. I do not feel that the father is competent to provide adequate care of the child overnight, or even for more than a few hours. He's an alcoholic. He has limited visitation now, seeing the baby for 2-4 hours 1 or 2x a week. I want to move to Texas now with my mom asap. What do I need to do to legally move? There's no support or custody order in place. Where do I file anything if it's required or recommend to do so? I do not consider myself or my child a resident of Massachusetts. Thanks in advance for your time.

  2. #2
    Join Date
    Feb 2011
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    576

    Default Re: Interstate Relocation, No Custody Order

    You are currently free to move wherever you wish without accounting to anyone, but you need to leave Massachussetts before the child becomes a resident. So the sooner the better. While MA has a longer period than most states and requires a year to establish residence and for divorce actions, it is best to keep your time there under six months just to be on the safe side with custody matters.

    Although you are currently a resident of Wisconsin, since neither you or dad or child reside there, as a practical matter it would be very difficult and expensive for dad to do much with a WI court. Since neither of you live there, WI would soon relinquish jurisdiction to TX anyway after you have become a resident of that state.

    Once you have been in Texas for six months, either of you can file custody proceedings there.

    However, in the interim, and in the interest of fairness and goodwill, you should allow him reasonable visitation, and consult an attorney in Texas to determine what is appropriate and how to best handle your custody case going forward.

  3. #3
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    Default Re: Interstate Relocation, No Custody Order

    The UCCJEA analysis is more complex than "you have to wait six months after moving" or "the state doesn't have jurisdiction until you've been there for six months", particularly when there is no existing child support order. Even if an earlier action is filed in Texas, given the child's short-term residence in Massachusetts, no prior custody order in effect and the complete abandonment of that state by all parents it is difficult for me to imagine that Massachusetts would try to take jurisdiction. That said, if dad has it together he could hoof it back to Massachusetts and try to file for temporary custody before you meet Texas residency requirements, then try to get temporary custody and an order that the child be returned to Massachusetts. Multistate custody issues can turn into a hornet's nest.

  4. #4
    Join Date
    Oct 2012
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    Default Re: Interstate Relocation, No Custody Order

    There wouldn't be a complete abandonment of the state of Massachusetts. The child's father lives and works there. The father only wants me to stay in Massachusetts near him so that he can continue to have his visitation play dates a couple times a week. He doesn't want full or even shared custody. I just don't want to be in trouble for leaving the state.

  5. #5
    Join Date
    Feb 2011
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    576

    Default Re: Interstate Relocation, No Custody Order

    Quote Quoting Mr. Knowitall
    View Post
    The UCCJEA analysis is more complex than "you have to wait six months after moving" or "the state doesn't have jurisdiction until you've been there for six months", particularly when there is no existing child support order. Even if an earlier action is filed in Texas, given the child's short-term residence in Massachusetts, no prior custody order in effect and the complete abandonment of that state by all parents it is difficult for me to imagine that Massachusetts would try to take jurisdiction. That said, if dad has it together he could hoof it back to Massachusetts and try to file for temporary custody before you meet Texas residency requirements, then try to get temporary custody and an order that the child be returned to Massachusetts. Multistate custody issues can turn into a hornet's nest.
    I agree there are complexities with UCCJEA, especially during times when a child is temporarily floating between jurisdictions.

    But in this instance there is really no way for MA to exercise jurisdiction it simply does not have if the child never stayed there long enough to establish residency. Especially if at the time the child left MA he was still a resident of WI.

    If mom moves to Texas while Wisconsin has uninterrupted jurisdiction, WI would be the ONLY state which could rightfully exercise jurisdiction. In a bona fide emergency Texas 'might' temporarily exercise jurisdiction since the child would then be in Texas.

    MA is out of the loop, and neither parent or child live in WI. So even if WI acquired jurisdiction by virtue of dad filing suit in WI, it may only be short term. In this scenario UCCJEA WI should cede jurisdiction to the new home state.

    Point being mom should be able to move with child to Texas without any concern for Massachusetts

  6. #6
    Join Date
    Oct 2012
    Posts
    3

    Default Re: Interstate Relocation, No Custody Order

    Thank you for your feedback, Tex11. I'm going to consult an attorney before I finalize the move but it's reassuring to know that MA is out of the loop. It's just WI and TX at this point. Thank God!

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