When One Parent Wants to Move Out-of-State

If you are divorced and you want to move out of state I have one piece of advice for you -- not so fast!

Massachusetts has laws about moving out of state with your children. These laws are referred to as "removal laws." These removal laws deal with when a parent must ask the other parent for consent to remove the child, and when, if the other parent does not contest, the parent who seeks to remove the child must get permission from a judge.

If you and the child's other parent cannot agree, you need to show the judge that the move is in your child's best interests. In order to show that the move is in your child's best interests, you must first show that you have a good and sincere reason for moving and that your reason for moving is not to keep the other parent from having contact with the child.

You must also show that the move is in the child's best interests taking into account all legally relevant factors: how the child's quality of life will be improved and how the custodial parent's quality of life will be improved (from a better job, existence of parental support, etc.).

It will also behoove you to show that the possible effect of reducing or eliminating the child's relationship with the non-custodial parent is not by your own malicious moves and how moving (or not moving) will or will not effect the emotional, physical, or develop mental needs of the child.

Under Massachusetts law, no one of those factors is controlling. The judge considers all of the factors as a whole.

These removal cases are not new to us Call me -- or any of the attorneys at any of our offices or meeting locations -- for help.