Child custody and parenting time are often contentious issues when parents decide to go their separate ways. Following a divorce, custody arrangements can work well for the long term when ex-partners reside relatively close to one another. However, complications can arise when the custodial parents decide they want to move to get a fresh start and the visitation commute would be much more difficult for the noncustodial parent to maintain. Relocation after a divorce can impact custody agreements in several ways. Please continue reading to learn if relocation with children after divorce requires court approval in Massachusetts and why connecting with our determined Bristol County Child Custody Lawyers is in your best interest.
Can You Legally Relocate with Your Children After Divorce?
If you plan on relocating with your children after divorce, the easiest way is to have the non-custodial parent sign off on it. Under Massachusetts law, moving a child out of state requires permission from the other parent or the courts. The court has recognized that the fairest way to determine whether removing a child from the state is to apply the same standard used in determining custody matters, what arrangement is in the best interests of the child. Therefore, the court will downgrade a parent’s desire to move to a secondary status.
Although the relocation won’t necessarily harm the child, it doesn’t mean that it’s in the child’s best interests. The court will evaluate several factors including the quality of schools at the new location, reasons why the parent wants to relocate, the ability of the non-custodial parent to still see the children after the move, whether there are family members near the new location, and any other relevant factors. If the court approves the move, a judge will issue a court order with a revised custody arrangement. The new arrangement will include details regarding travel arrangements and a new visitation schedule.
What Happens if the Non-Custodial Parent Wants to Move?
If a noncustodial parent wants to move, they don’t need court approval before relocating. Deciding to move doesn’t translate to giving up visitation rights as long as the parents can continue to adhere to the existing custody agreement after the move. However, if the non-custodial parent plans on moving far enough away that the same visitation agreement would be impossible to comply with, they will need to facilitate a new plan. The new plan should outline a visitation schedule with the custodial parent that includes plans for transportation, communication, and related expenses. If both parties agree to the proposed arrangement, they can submit the agreement to the court for approval. The judge will evaluate the new arrangement in terms of the child’s best interests. If parents cannot reach an agreement on an updated plan, the non-custodial parent will need to file a motion asking the judge to modify the original order.
As you can see, relocation after divorce is a complex custody matter. If you are thinking about moving, please don’t hesitate to contact a trusted lawyer from The Law Offices of Cynthia L. Hanley, P.C., who can help you achieve the custody arrangement you are seeking. Connect with our firm today to learn how we can help you navigate your options and safeguard your interests.
