Removal or Relocation With Children in Massachusetts

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.

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