A: Even though you have custody as a result of a DCF case, you would still need to get the permission of the Probate and Family court before you could move out of state with your child if MA removal laws apply. MA law requires you to get permission-
IF your child was born in MA or has lived in MA for more than 5 years, if your child is not old enough to consent, and if you and your child’s Mother have a MA case for divorce, paternity and/or support- and may apply even if you have an old case. (for Pittsfield MA that is the Berkshire Probate and Family court). You will need to demonstrate to the court that you have a good reason for moving and that the move is in your child’s best interest. The court will consider a number of things such as whether the move would improve not only your life but your child’s quality of life, how the reduction in your child’s time with Mother would impact your child, and how the move would affect your child’s overall well-being. Filing the necessary paperwork in court and getting the court’s permission to move is a process, so you should factor the court’s timeline into your moving plans.
A: Massachusetts child support laws allow for child support and educational expenses payments even after your child turns 18 and up to 23 years of age. The court looks at whether your child is “principally dependent” upon one parent which is usually understood to mean that the adult child lives primarily with one parent and includes time when your child is living at college as long as he/she lives with you during breaks and school vacation. An attorney can help review any orders you currently have in place to determine how best to proceed. Child support may be awarded retroactively, but only back to the day of filing, so If you are entitled to support, you should consider that as well.
A: If Probation has issued a warrant for you, then, as you probably know, you can be arrested on that warrant at any time and possibly held on bail pending any Violation of Probation hearing.
Many lawyers offer free consultations and may help you decide what your options are and see if you can arrange with your Probation Officer to answer to the warrant and deal with your issues. For a free consultation, you may call my office at (978) 412-2141, Attorney Kim Gibson Carnevale, Carnevale Law Office, 70 Washington Street, Suite 214, Salem, MA. 01970