After a divorce, many people wish to move out of state. Read on to learn more about Massachusett’s requirements when it comes to relocating with your child after a divorce.
Massachusetts Relocation Requirements
The relocation of a child after a divorce is a very sensitive matter. In the state of Massachusetts, the law requires certain qualifications to be met in order for a parent to relocate out of the state with their child. This includes:
- If the child lived in Massachusetts for at least five years, the custodial parent must get the child’s permission to move them out of state. This is only if the child is old enough to consent. If they are not, the custodial parent must request the consent of the child’s other parent or the family court
- If the noncustodial parent is against the move, the custodial parent that intends to leave the state must prove to the court that the relocation is in the best interest of the child. When this happens, the court will consider several factors in determining what the child’s best interest is
How do Massachusetts Courts Determine Whether You Can Relocate?
Before granting relocation, you will be required to prove that your move is absolutely necessary. Some reasons that relocations have been granted in the past include you or your child needing medical treatment, protecting your family, pursuing higher education, obtaining a new job that will benefit your family, moving in with a new spouse, or moving closer to your child’s extended family. Additionally, Massachusetts courts will consider several other factors when determining whether the move is in your child’s best interest. Some of these factors are as follows:
- 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 are interested in relocating with your child, contact our firm today.
Contact our 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.
