Child custody and relocating with child after divorce


On behalf of Roncone Law Offices, P.C. | August 18, 2020 | Family Law


As the current conditions illustrate, things can drastically change without notice. Parents in Massachusetts may be faced with challenging situation, as they navigate the constant changes around them and in their life. For divorced parents, this can create extra stress, as they attempt to work together to create a new normal for their children. However, a new normal may mean one parent seeking employment elsewhere, requiring them to change where they live in the state or even cause them to leave the state.


Relocating with children after divorce

Because divorced parents seek to reduce the impact this life event has on their children, they often seek to remain in the same city, town or community. Nonetheless, life may require major decisions to be made, one of them moving and taking the children with them. This could cause a custody battle to emerge, causing the non-custodial parent to question whether the custodial parent can relocate with their child.


Even if the news that the custodial parent seeks to relocate out of state with the child or children causes a dispute, a judge will need to make a decision on it. The custodial aren’t will need to provide a legitimate reason for the move. If the move is in good faith, the judge will likely approve the move. This could include living in an area with a better cost of living, live closer to family who are able to help with child care responsibilities, start a new job, get a better job or continue one’s education.


The best interests of the child

When assessing the best interests of the child, there are many factors to consider. Typically, this means understanding whether the move will be beneficial for the child. If it is determined not to be in the best interests or it is found that the move is not in good faith, then the court could require that the custodial parent remain in the state.


If the non-custodial parent gives consent or the court gives the custodial parent permission to relocate, then a visitation schedule will need to be established. This will include the times and places where visitation will occur after the relocation occurs. Additionally, court modification of the current order will be required.


Family Law matters can add complexities to already trying time. Thus, it is important to understand the situation and what options are available to work through it and resolve any issues. This not only protects the rights of the parent but also the best interests of the child or children involved.


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