Removal or Relocation With Children

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Removal or Relocation With Children in Massachusetts

 

Know Your Rights

Although relocating within Massachusetts is not restricted, moving outside of Massachusetts requires an agreement between both parents. If an agreement cannot be reached, then a judge may need to make a decision. Cases involving child removal can be long and complicated. Having a knowledgeable lawyer to discuss your rights and determine the child’s best interest can lessen tensions between parents. At Sawin Law, P.C., we can help to negotiate an agreement between parties and in court trials.

Can My Spouse Move Out-of-State with My Child?
Massachusetts law requires the permission of the co-parent or the Family Probate Court to move out of the state with a child. The law applies to a child born in Massachusetts or has lived in Massachusetts for five years, or if the child is not old enough to give their consent. If brought to court, the parent requesting to relocate will need to prove that relocating is in the child’s best interest and cannot prevent the other parent from seeing the child. Some reasons relocating may be in the best interest of the child:

  • Education purposes
  • Remarrying.
  • New job opportunity
  • Improved quality of life for child and custodial parent
  • Moving closer to family and friends

Can My Former Spouse Take my Child without Approval?
No. Massachusetts law prohibits relocating a child without an agreement between parents or court order. However, the court may still hold hearings and make decisions without the parent present. Since Massachusetts still has “jurisdiction” over the child custody case, courts in another state may need to enforce the decision of Massachusetts. Speak with a lawyer at Sawin Law, P.C. if you feel the co-parent may relocate without an agreement or court decision.

Contact us at (781) 713-1212 to request a free 30- minute phone consultation.

We Will Go the Extra Mile to Protect Your Rights

A Compassionate, yet Fierce Advocate on Your Side

Free 30-Minute Initial Consultation

High-Quality Legal Service Focused on Client Results

Attorney Sawin is a Marine Corps Veteran who Cares about His Community

We Will Go the Extra Mile to Protect Your Rights

A Compassionate, yet Fierce Advocate on Your Side

Free 30-Minute Initial Consultation

High-Quality Legal Service Focused on Client Results

Attorney Sawin is a Marine Corps Veteran who Cares about His Community

Read What Our Clients Have to Say

Chris and his staff made it easy and effortless for me.

I was going through a pretty ugly custody battle. The process is hard enough to navigate but with the times being what they are in 2020 I couldn't imagine going through this without Chris's help. I ended up with custody of my son and pretty much everything we were asking for. Chris and his staff made it easy and effortless for me. From one Marine to another, Semper Fi brother and thank you for all you've done.

- Former Client

 

Chris is a rare find.

I have known Chris for quite some time and am consistently impressed by his character and professionalism. I see Chris every Tuesday for a networking group and each week he has another success story for helping someone get what they're owed. Chris helps run the networking group and if his punctuality, willingness to go the extra mile, and attention to detail he displays as NRBA's VP is any indication of his professional practice, Chris is a rare find.
- William F.
  • Why Hire Sawin Law, P.C.
  • We Will Go the Extra Mile to Protect Your Rights
  • High-Quality Legal Service Focused on Client Results
  • A Compassionate, yet Fierce Advocate on Your Side
  • Attorney Sawin is a Marine Corps Veteran who Cares about His Community
  • wFree 30-Minute Initial Consultation