When a divorce in Massachusetts is over, former spouses are able to move on with their lives separately. However, there are certain circumstances in which their lives may overlap again. Most commonly, this occurs when they have children together. In the event that one parent wants to relocate with their child after the divorce and the other parent opposes it, the assistance of the court may be necessary. Continue reading below to learn more about these situations and contact an experienced Massachusetts family law attorney.
How is Relocation Decided in Massachusetts?
It is important to know that a parent cannot move outside of the state of Massachusetts with their child without the consent of either the child’s other parent or the court. This is the case even if they are the child’s custodial parent. In order to obtain the approval of the court, the parent wishing to move is required to prove that doing so is necessary, in the child’s best interests, and is not to prevent the child from seeing their other parent.
What Factors are Considered?
There are many reasons as to why a parent may need to relocate to a different state. Some reasons that have been approved by Massachusetts courts in the past can include obtaining a new job that will benefit the family, pursuing a higher education, protecting the family, seeking medical treatment for the child, moving in with a new spouse, or moving closer to the child’s extended family. However, this is not the only thing the court will take into consideration. They will also look into a variety of different factors to determine what is in the child’s best interest. This can include:
- If your child is of age and mature enough, whether he or she has a preference regarding the move
- The validity of your reasoning for the move
- Your former spouse’s objections to the move
- Whether your former spouse is financially capable of relocating, if he or she wishes
- Whether the location of which you are moving to is capable of accommodating your child’s special needs, if necessary
- Whether the move will improve the overall quality of your child’s life, including educational, economic, and social facets
Contact our Firm
For over 30 years, The Law Offices of Cynthia L. Hanley, P.C. has provided quality legal support and representation for clients in Bristol County and all of Massachusetts. Our firm’s experience eases the stress of clients while providing the legal services they deserve. If you need help through a contested divorce, contact The Law Offices of Cynthia L. Hanley, P.C. for a consultation today.