Father is awarded sole legal and physical custody of his son
A client contacted me because his ex-wife planned to relocate to Chicago with his son. The mother had physical custody of their son and she filed a removal action in the Probate and Family Court. The Father wanted custody of his son and wanted the child to remain in Massachusetts. I obtained a court order prohibiting the removal of the child pending an investigation by a Guardian Ad Litem.
The GAL concluded that "Mother has not satisfied the GAL that there would be any real advantage to her and the minor child to allow such a move." The GAL also noted that the mother no longer had a job offer in Chicago, but still wanted to move there.
The mother filed an emergency motion and an Amended Complaint for Modification. Mother indicated that she had another job in Chicago and thus needed to start work immediately. The court denied mother's motion seeking permission to remove the child to Chicago. Several days later, Mother relocated to Chicago anyways and left the minor child in the care and custody of the father.
I filed an emergency motion and argued the mother was not in a position to exercise physical or legal custody due to her lack of proximity to the child and that Mother is too far away to exercise joint custodial decision making. Father needed to have sole legal and physical custody. Without it, the child would be caught in the middle relating to legal issues regarding school and medical concerns. Father also had increased expenses, needed to arrange daycare and in need of a child support order.
Outcome: My client was awarded sole legal and physical custody of his son. Mother was also ordered to pay Father child support.
