Relocation After Divorce
Relocation can affect a child custody agreement that was put in place during the divorce process. If you want to relocate after divorce, you may be required to receive permission by the other parent and/or the court to move outside of Massachusetts. Parents may receive the option or opportunity for a relocation under a number of circumstances like a new job, better schools, better medical treatment options, closer to family who may be able to help with child care, and so on. However, no matter the reason, the parent cannot make the decision without the consent of the other parent and/or without the approval of the court.
What if Both Parents Agree to the Relocation?
If both parents agree to the relocation terms and location, it may not be such an uphill battle. The parents may be able to get the agreement in writing and have it notarized. This could help the relocating parent in the event the other parent decides he or she did not really agree to the move. If the move requires a change in the visitation schedule between the child and the non-custodial parent, that should also be memorialized in the agreement.
What Happens if The Parents Cannot Come to an Agreement on the relocation?
If the parents cannot agree on the other parent and child relocating, this may create a little bit of an issue. As a result, they must request permission from the court to follow through with the move. Since this usually involves a modification of the custody and visitation of the other parent, the court should consider the facts of the relocation, how the relocation will affect visitation and custody, and even the reasons why the other parent is not agreeable to the move. Essentially, the court will make a decision in the child’s best interest.
If you are anticipating a relocation, you should consult with an experienced family law attorney to discuss your options.
If you are in need of an experienced family law attorney to help you with your matter, contact the Law Offices of Cynthia L. Hanley, P.C. to schedule your consultation.