Can I get a divorce and move out of state (MA) if I’m pregnant?

Additional Information:

My husband and I are getting divorced.  We currently live in Massachusetts but I am from Illinois and would move back to live near my family, especially for support when the baby is born.

ANSWER:

You may want to consider divorce mediation as a way to communicate and discuss with your husband all the issues that need to be decided in coming to a comprehensive divorce agreement. Obviously one of the issues will be the eventual birth of the child and where that child resides. The two of you can amicably figure out what makes sense for both of you and your child. If you cannot agree, a judge will ultimately have to decide whether you will be able to take the child, once it is born, out of the state and away from the child’s father. Generally, courts don’t want a parent to move a child away from the other parent but if there are specific positive reasons that will benefit the parent and the child they may agree. Often if a parent moves to be near family and a support system, the court may find that is in the best interest of the child. The question of moving while you are pregnant, before a child is born, is certainly an issue and really best worked out by agreement between the two of you with the help of a trained mediator. Good luck and I hope this answer helps. 

Massachusetts Divorce Mediator and Attorney, Tracy Fischer provides divorce mediation services to families and individuals in the Massachusetts and in the Boston Metro West area communities including : Dedham, Dover, Needham, Newton, Sherborn, Watertown, and Wellesley.