When people get divorced, they often wish to start over. For many, this involves leaving their family home behind. Often, individuals wish to relocate after a divorce. However, this can be complicated if you have children. Moving out of state with your child, without permission, is a serious offense. Read on to learn more.

Types of custody in Massachusetts:

Whether you can leave the state with your child depends on your custody arrangement. In Massachusetts, there are two main forms of custody:

Physical custody: The parent with physical custody is the individual with whom the child spends the majority of their time. This parent is mainly responsible for providing basic necessities like food, a stable home, clothing, and more. If parents share custody, the child will also spend time in their other parent’s home as well. 

Legal custody: Legal custody gives a parent the right to make important decisions in their child’s life. These decisions may involve healthcare, religion, education, and more. Even if you are not awarded physical custody, you can still obtain legal custody.

If you are awarded sole custody, you can most likely leave the state without permission from your ex or the court. However, if you share custody, you will need permission to leave the state.

How do courts determine whether you can leave the state with your child?

If your ex won’t give permission to move out of state with your child, you will have to get permission from the court.

  • 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

If you have any questions or concerns about moving out of state with your child, our firm is here to help. Reach out today to discuss your options with an experienced attorney.

Contact our experienced Bristol County 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.