If you have recently gotten divorced, you may be looking for a new start. For many people, this means moving out of the home they shared with their former spouse. Some people even decide to move out of state. But, if you and your ex share a child, this can be complicated. Read on to learn more about relocation laws in Massachusetts.
Can I relocate out of state with my child?
When it comes to relocation, one of the first factors to consider is your custody situation- who has physical and legal custody? Physical custody is awarded to the parent with whom the child spends the most nights of the week. This parent is mainly responsible for providing a stable home, food, clothing, and other basic necessitires. As a result, this parent may be awarded child support. Legal Custody gives a parent the right to make important decisions for their child. This can include matters such as medical treatment, the child’s education, religious practices, and more. This can also include the child’s relocation. Even if this parent does not have physical custody of the child, he or she can still have a say relocation matters.
How are relocation cases determined in Massachusetts?
If your child’s other parent does not consent to the move, your case will be taken to court. When a Massachusetts judge make a decision about a child’s relocation, he or she may consider the following factors:
- 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 relocating with your child after a Massachusetts divorce, reach out to an experienced family law attorney as soon as possible. Our firm is here to advocate for you every step of the way.
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.