When One Parent Wants to Relocate from Massachusetts

When one parent wants to relocate with children, custody and modification issues are often triggered. The non-moving parent has a legitimate concern as a move out-of-state often interferes with that parent's parenting time, not to mention an interference with a prior Agreement.

Whether a relocation issue is being precipitated by a job transfer, a remarriage, or some other reason, our lawyers can help. If you're the parent who wants to oppose the move, contact us to help you present a compelling case as to why the move is not in your child's best interest.

The parent who wants to move with the child must file a Complaint for Modification in court and seek permission to relocate. Case law on this matter dictates that the Judge, after listening to all of the evidence, must decide whether there is a real advantage in the move, and whether the move out of state is in the child's best interest.

As a general proposition, the court will look at the continuity and stability of the current arrangement and the harm that may result from disruption of established patterns of care. Additionally, the Judge will weigh the reasons for the proposed move, the effect of the move on the child's access to the other parent, the impact of the move on the current relationship between the left-behind parent and the child, the distance and travel arrangements required by the move, the parties' past compliance with court orders, and the wishes of the child, if the child is of the age and maturity to have a say in the matter.

If you are not the primary custodial parent, or if the children are not moving with you, your schedule may be altered. The good news behind all of this is Judges put their best foot forward in making a ruling in such a way that the child's best interests are made the top priority - first and foremost. Quite often, instead of the issue being viewed in a black or white matter, Judges have a way of using shades of grey in a way that everybody benefits and nobody loses. Contact us to learn more.