Q. I keep hearing mixed things about whether Massachusetts now has the same law as other states about custody if you move out of state. I have sole legal and physical custody of my son and the right to move him to Rhode Island upon giving 30 days written notice according to my divorce judgment. I have had a terrible commute for several years but have been reluctant to move because my ex takes me back to court regularly making all kinds of crazy allegations about my parenting. The judge knows him so well at this point he regularly dismisses the cases and orders my ex to pay my legal fees. I don’t want to have to start over with a new judge in another state if I move. Is it now OK to move and keep my judge?

A. Unfortunately, the answer is no.  Massachusetts remains the lone holdout on passing the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The prior version often referred to as the UCCJA continues to be the law in Massachusetts. There has been a push by many bar organizations and advocates for well over a decade to pass the UCCJEA and this past fall the state Senate voted in favor of the bill for the first time. But, a bill needs to be voted favorably in both the Senate and the House and signed by the governor before it becomes law. The bill died in the House.  Presumably it will be re-filed, as it is every session.

For your situation, I understand wanting to keep a judge who knows the case and can easily resolve the issues. But judges do get moved around in Massachusetts from time to time so you may not want to make a major life decision solely based on having the same judge available for the next time your ex decides to drag you back to court.

If your ex has taken you back to court regularly over a long period of time, the docket will reflect his actions and, more importantly, the judge’s decisions and findings of fact.  You can register the Massachusetts judgments in Rhode Island. That way the R.I.  court will have a record of what happened in Massachusetts.

Also, if your ex takes you to court in Rhode Island he will have to learn how to navigate a new court with new rules.  He may find it harder to navigate a new system and finally let things go.

Email questions to whickey@brickjones.com