Relocating With A Child

Even the most well-planned child custody arrangement can be jeopardized if a custodial parent decides he or she wants to move outside of Massachusetts with their child. These situations can quickly become complex. If you have questions, reach out to Richard C. Bardi & Associates LLC. Our attorneys have decades of experience in child custody matters and stand ready to answer your questions and address your concerns.

What If The Noncustodial Parent Objects?

If the noncustodial parent objects to the move, the custodial parent will generally only be permitted to relocate with the child outside the state if the move is in the best interests of the child. In such cases, the courts may review several factors, including:

  • Whether the child's quality of life may be improved due to the move, including any improvement stemming from the increased quality of life for the custodial parent
  • The possible adverse impact of the elimination or curtailment of the child's relationship with the noncustodial parent should the relocation be permitted
  • Whether permitting or not permitting the move will impact the emotional, physical and developmental needs of the child
  • Interests of both the custodial and noncustodial parent

Additionally, while the child removal statute in Massachusetts technically only applies to the relocation of a child following divorce, Massachusetts courts have found that even if the parents of the child were never married, the child is still entitled to the "same rights and protections" — that is, the statute is often applied by analogy to nonmarital children.

We Offer Legal Support When You Most Need It

If you are a parent seeking to stop a child relocation, or if you are a parent attempting to move outside the state, reach out to our firm. We can help you assert your rights and protect your child's best interests.

To learn more, or to speak with a lawyer, call us today at 617-227-4040 or reach us online. Based in Boston, we serve throughout Massachusetts.