One of the most controversial aspects of a custody agreement arises when the custodial parent wishes to permanently relocate out of the state and bring the child with them. This can cause the need for an adjustment to the child custody and visitation agreement that was made. In Massachusetts, the law requires a number of different qualifications to be met in order for a parent to successfully relocate out of state with a child in their custody. These qualifications are as follows:
- If the child has lived in the state of Massachusetts for at least five years, the custodial parent is required to get the child’s permission in order to move them out of state
- Of course, this is only the case if the child is old enough to consent that they agree with the move
- If the child is not old enough to consent, the custodial parent has to request the consent of the child’s other parent or the family court in Massachusetts
- If the noncustodial parent opposes the move, the custodial parent that wishes to leave the state must prove to the court that the move is in the best interests of the child. The court will consider a number of factors in determining the child’s best interests.
If you have questions about relocation with a child, contact our firm 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.