Relocating to Another State With Your Children After Divorce

Relocating to Another State With Your Children After Divorce

Relocation after a divorce isn’t uncommon. It gets complicated, however, when there are children involved.

Remember, the court’s primary goal is always to support the best interests of the child. The court may automatically assume that relocation is not in the best interest of the child, as it will more than likely disrupt the child’s life.

In Massachusetts, according to Attorney Tanya Moriarty, “if you share legal or physical custody you cannot remove a child from the Commonwealth without the permission of the other parent or permission from the court.”

In addition, said Moriarty, “A parent looking to remove a child has a tremendous legal burden to overcome; proving to the court that removing the child and substantially interfering with the other parents parental rights is in the best interests of the child or that there is a real advantage to the child.”

The court may consider the following when deciding whether to allow a parent to relocate with a child.

  •             Age and Maturity of the Child
  •             Distance between the new home and old home.
  •             Will the relocation improve the quality of life for the child?
  •             Will there be changes in the visitation schedule?
  •             Relationship the child has with both parents.

If you are looking to relocate with your children from Massachusetts to another state, or your ex-spouse is considering a move with your children, schedule a consultation with Attorney Moriarty today at 413.732-8356.