Do I Need Court Approval to Relocate With My Child After a Massachusetts Divorce?

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When parents get divorced, they have a lot to consider. To start, they’ll have to create a child custody agreement to determine whether both parents can retain legal custody, as well as which parent will get primary physical custody. Though a 50/50 custody agreement is possible, this seldom happens. That said, when a parent with physical custody of their child is looking to move away with their child, especially out of the state of Massachusetts, they may face some pushback from their ex, as such a move likely would have a significant impact on their custody agreement. That said, if you’re looking to relocate with your child after a divorce, you should read on and speak with a seasoned Bristol County child custody lawyer from the Law Offices of Cynthia L. Hanley today to learn more about how the process works and how we can help you through it. Here are some of the questions you may have:

Do I need the approval of the court to relocate with my child after a divorce?

If you’re looking to move away with your child and you have sole physical and legal custody, you should be allowed to leave the state without the permission of your ex or the court. However, if you and your ex share physical and legal custody of your child and your ex opposes the move, you will have to get permission from the court to move out of state with your child.

What factors will the court consider?

Courts will consider a broad range of factors when determining whether a parent can leave the state with their child. Just some of those factors are as follows:

  • Their reason for wanting to move away
  • The other parent’s reason for opposing the move
  • Whether the move would benefit the child economically, socially, or educationally
  • Whether the child has a preference (if he or she is old/mature enough)
  • Whether the move is to give the child a safer, more stable environment to grow up in

Ultimately, your child’s best interests will be at the heart of the court’s decision. If they determine that it would be in your child’s best interests to move out of state with you, they will likely grant the move. If they don’t, however, they will not.

If you have any further questions about relocation cases here in Massachusetts, please don’t hesitate to speak with a competent Bristol County divorce lawyer from our legal team.

Contact our experienced Bristol County firm

If you need help through a contested divorce or with any other family law matter,ย contact The Law Offices of Cynthia L. Hanley, P.C.ย for a consultation today.