Custody rights affected by choice of venue
When a Massachusetts couple divorces, child custody issues often sit at the top of the list of priorities, and for good reason. Hammering out the details of who will hold legal and physical custody of shared children is an important consideration when a family is divided, and can lead to a great deal of strife concerning custody rights during divorce. However, in an ironic twist, some of the most devastating child custody fights can come from a divorce that was amicable and relatively easy. When a couple goes through a simple and cooperative divorce, it can seem as if child custody matters will not become an issue. The parties might agree between themselves that the child or children are best cared for by one parent, with the other remaining involved through frequent visits. This scenario may even play out amicably for years. However, if one party changes their mind and brings a child custody action against the other, the status quo can be drastically altered, and the children can suffer. One example might be when parents divorce and the noncustodial parent moves to another state. After a number of years, he or she might remarry and wish to have the child live with them. During a visit, that parent could begin a child custody action in his or her state of residence, and ask that the child not be permitted to leave the state until the case is resolved. While the other parent would still be able to visit with