Often, one parent wants to relocate following divorce or the end of a nonmarital relationship in order to be closer to extended family, start a new job, or because he or she is involved in another relationship or perhaps has even remarried.
Relocation out of Massachusetts is challenging when a minor child is involved. Massachusetts law refers to this as "removal" of a child from the state. A parent who wishes to move with a child is required to file a formal notice to the nonrelocating parent and request that parent's consent. If the nonrelocating parent objects, court intervention is required prior to moving with a child.
The court requires a parent who is seeking consent to remove a child from the Commonwealth to show that there is a "good and sincere reason" for the move and that the move is "in the child's best interests." Simply moving to prevent the child's other parent from sharing custody is not a valid reason.
Massachusetts Attorneys Representing Either Parent In Child Removal Cases
At Kajko, Weisman & Colasanti, LLP, our experienced family law lawyers represent parents who are seeking approval to move with a child out of state, as well as those who want to prevent the other parent of their child from moving away.
There are a number of factors that can contribute to showing the court that a move to a different state is in the child's best interest. These include:
- The child's quality of life will improve.
- The parent's ability to cater to the child's physical, emotional or developmental needs will improve.
- The custodial parent's quality of life will improve.
- The child will still be able to maintain a relationship with the nonrelocating parent.
It should be noted that if you are the father of a child who was born out of wedlock and you have not established paternity, the mother is the only one who has legal custody of the child and she can remove the child from the state without your permission.
We serve clients with a great deal of empathy and understanding in terms of the emotions they are experiencing.
Taking steps on your own without legal representation could negatively affect the final outcome of your case. Also, if you are contemplating moving out of state, it is important to begin the process for receiving consent as early as possible. If the child's other parent attempts to prevent the move, it can take a year or more to litigate.
If you have questions regarding removal of a child following divorce or the end of a relationship, contact us to schedule a confidential consultation. For our clients' convenience, we have offices in Lexington and Andover.