It is natural to seek a fresh start after a divorce. People often desire to move to a new location to escape painful memories. However, relocation could become a complex undertaking if you have a child custody agreement with another parent.
A Boston relocation lawyer understands the law regarding child relocation and recognizes the emotional toll these disputes can take on parents and children. If you wish to move away with your child or you seek to prevent your co-parent from leaving the state, a local child custody attorney could provide capable representation.
Laws Regarding Child Relocation
The question regarding being able to move with a child in Massachusetts requires either the consent of both parents or the order of a court. Where an order of the court is required, the court will consider the best interests of the child. Massachusetts General Law c208 §30 sets forth the law regarding relocating a child outside of Massachusetts when the parents do not live together. This process is referred to as removal. Although the law as written applies specifically to children of divorced parents, courts have interpreted it to apply to any child whose parents have a custody and visitation agreement concerning a child. If one parent wants to reside out-of-state with a child, the law says they must have the consent of the other parent or they must obtain court approval.
Beginning Relocation Negotiations
As with all legal matters that impact families, everyone benefits when parties can agree on their own. After learning about their legal rights and responsibilities from a Boston lawyer, a party could discuss how a move might affect a child and a family’s current custody and visitation arrangement.
Alternative Dispute Resolution (ADR) could also help resolve a disagreement about relocating a child. A neutral third party could facilitate discussions between the parties to unpack why a parent opposes a move and develop a new parenting time or visitation plan that might allow parents to reach a consensus.
Litigating Relocation Issues
If a co-parent does not agree to a relocation, a parent who wishes may file a Complaint for Modification seeking to relocate the child within Massachusetts or remove the child from Massachusetts. If relocating in Massachusetts, that parent must prove that relocation is in the child’s best interest. If removing the child from Massachusetts, that parent must also show that there is a good cause for the move out of Massachusetts.
The standard that a court will apply to determine whether relocation is permissible will vary according to the circumstances. A knowledgeable attorney in Boston could explain the analysis a court that a court offers in a relocation case.
Custodial Parent Seeks Permission to Relocate
When a parent seeking to move has sole physical custody of a child, a court considers a child’s well-being intertwined with a parent’s well-being. If a parent can show a court that a move would improve opportunities and quality of life for a parent and child, the court might grant permission over an objection from a co-parent.
However, a court will also consider factors such as how much time a co-parent currently spends with a child, whether they are a fit parent, and whether a move will deprive a child of an opportunity to spend time with a co-parent.
Parent With Joint Custody Seeks to Move
When parents share roughly equal parenting time, courts generally hold that maintaining both relationships is fundamental to a child’s well-being. In such cases, courts are likely to permit an out-of-state relocation only if a child remains close enough to the other parent to preserve opportunities for parenting time.
Non-Custodial Parents Wishes to Relocate
A non-custodial parent does need the permission of a co-parent or a court to move out of the Commonwealth if they do not intend to bring the child with them. If a relocation impacts an existing visitation schedule, a parent could seek to modify it.
Trust Your Dispute to a Skilled Boston Relocation Attorney
If you are disagreeing with a co-parent about moving a child to a different part of Massachusetts or out of the Commonwealth of Massachusetts, talk to a Boston relocation lawyer as soon as possible. They can explain your rights and obligations under your current parenting plan or visitation agreement and suggest ways that you might resolve an issue.
If a matter goes to court, you can trust a local legal professional to argue vigorously for your desired outcome. Call for assistance as soon as you and your co-parent begin discussing relocation.
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