Child Relocation After Divorce
Get Experienced Legal Counsel from Our Framingham Family Law Attorneys
divorce, it is not uncommon for a custodial parent and their child to relocate
to another state or even country. However, there are many cases where
a noncustodial parent disapproves of the move, which can cause a significant
custody and visitation dispute.
If you are interested in moving your child out of Massachusetts, our
Framingham family law attorneys at Saponaro Barach Bingham LLP can help build a strong case to demonstrate
valid reasons for relocation. If you are a noncustodial parent and wish
to have your child remain in the state, we understand what it takes to
obtain the results you desire.
How Massachusetts Court Handles Relocation Cases
If a child is born in Massachusetts or has resided in the state for at
least five years, the child cannot relocate out of state unless the other
parent approves or a valid court order is granted. The custodial parent
must notify the noncustodial parent about the potential move, giving the
other parent a chance to object.
If both parents agree, an agreement must be drafted and given to the court.
If the parents cannot reach an agreement, one of them could go to court
and request a court hearing, where the judge will determine whether the
move is in the child’s best interests.
The following are the common factors when deciding a relocation case:
- Does the move improve the child’s quality of life? (Better career
opportunity for the parent, more family members for support, etc.)
- How will the move affect the child’s physical and emotional well-being?
- How will the noncustodial parent maintain a continuing relationship with
The judge may apply the “real advantage standard” for parents
with primary custody. This test is used because when a child spends a
majority of their time with one parent, the well-being of both the child
and the parent are closely tied together.
Ready to File Your Petition Today
Our Framingham family law attorneys can evaluate your case, determine your
legal options, and protect your rights in court. Do not hesitate to get
started on your new chapter of life today.
For more information about relocation,
contact us and schedule an appointment today.