If One Parent gets Physical Custody can they move out of State?
If the child of a divorced parent usually needs to consent to an out of state move; or else needs to get approval by the court as part of a Modification to remove the child out of state.
If there is Joint Physical Custody, is there an Order of Child Support?
Usually, the guidelines would apply and there is a formula that would be looked at comparing each party’s income and then off-setting it. So typically, the answer is Yes, but is depends on the party’s income and expenses related to the Child Support Guidelines, such as health insurance, other child support orders, daycare and things of that nature.
In Massachusetts is there an automatic presumption that the Children should be with the Mother?
The answer is No. There is no gender preference under Massachusetts law. It is presumed to be what is in the children’s best interest. If the parties are unmarried though, the mother does have physical custody until there is a Court Order, but that is without prejudice.