Divorce complicates matters when the couple has children together. Most of the time, parents are able to share custody of the children. One of the parents will likely have greater custody than the other and is referred to as the “custodial parent.” When the custodial parent wants to move out of Massachusetts, they can’t just get up and leave with the children in tow. Of course, the noncustodial parent may object to the move because they fear that they will not be able to spend as much time with their child.
The first step in the relocation process is to request permission from the other parent. If the noncustodial parent opposes the move, the matter may wind up in family court. A parent has the ability to petition the court in an effort to obtain permission to move out of state.
The state of Massachusetts allows children of suitable age to signify their consent to declare whether they want to move. This is only applicable if the child was born in Massachusetts or has lived in the state for at least five years and is of age.
The court takes a number of factors into consideration when hearing relocation cases. It is best to retain an attorney regardless of which side the parent is on. Contact us today.
If you require compassionate and knowledgeable legal guidance for a matter of divorce, family or estate law, please contact the experienced attorneys at the Law Offices of Cynthia L. Hanley today. Our firm proudly serves clients in Mansfield, Massachusetts and throughout Bristol County.