Wellesley Family Lawyer
Are You Anticipating a Move or Planning to Relocate?
If you will be relocating with your child or are fighting to keep them
near, it is important that you have sound legal representation. Our Wellesley
family law attorneys at
Saponaro Barach Bingham LLP have helped numerous clients with matters involving
child custody, particularly with regards to relocation. Because we know how challenging
this issue can be, we want to help you and ease some of your troubles.
Contact the firm today to request your
How Do the Courts Handle Relocation Matters?
Discuss the matter first with the other parent about your wishes to relocate.
If your spouse agrees to the move, then the next step is to file a petition
in the court that states that the noncustodial parent has consented to
the move. Relocation is not an easy issue to handle; so it can be highly
contentious, and there are many different elements involved. You may need
court intervention to obtain approval for your relocation case.
These are the factors that the courts may use to review:
- Your child’s relationship with you and the other parent, as well
as other family members
- The child’s personal preferences, if he or she is of an appropriate age
- The child’s ties and connection to his or her current community
- The reason behind the need to relocate, e.g. a new job opportunity or for school
- The child’s health and academic needs, and the long-term impact
- If the move will affect visitation or time with the noncustodial parent
- If there is any objection to the move
A judge will not approve of the relocation whatsoever if there is a sense
that one parent is trying to intentionally pull away from the other parent.
One parent cannot request relocation on the basis that they wish to cut
off all ties, as the courts view a healthy relationship with both parents
to be optimal. Of course, the exception to this would be if there is a
history of domestic violence with the noncustodial parent.
Have Questions? Contact Us!
If you are filing a petition to relocate, the other parent has 20 days
to respond to the service request and contest it, if necessary. Whether
you are the parent serving or receiving the papers, you should not hesitate
to act quickly and find legal counsel.
Saponaro Barach Bingham LLP can help keep you informed about the various laws and offer some legal
perspective on the matter.
We fight relentlessly for the rights of all of the families who work with us.
If you need assistance, please
contact us today!