Richard C. Bardi & Associates LLC

3 things to know about relocation with children after divorce

Divorce and child custody agreements are difficult to muddle through. When it comes to deciding issues such as custody, visitation, co-parenting plans and the like, even the most amicable parties can become emotional. An issue that may plague custody agreements is relocation out of the state by the parent with primary custody. In those instances, Massachusetts is not the first home of the person seeking to move. Relocating would allow the person to perhaps gain better access to jobs or personal support networks, such as extended family and friends.

When considering asking for an out-of-state relocation or opposing one, there are some things you need to know.

1. The requesting parent needs financial stability

In one case, the main reason the mother may request relocation out of the country with the parties' child could be due to money. She is unable to find a job to support herself or her child financially, and the money the father makes is not adequate to do so. Being able to support your children financially is one aspect of relocation a court will weigh.

2. The children may have a say

Massachusetts is one of only a few states to allow children who are old enough to express their opinion on whether they want to make a move. Mediators, lawyers and judges will all take the child's age and mental/emotional capacity to make such a decision into account.

3. The court may make the decision

Remember, if the parties are unable to decide anything themselves, the court will intervene and make the decision. Litigation may not always be ideal in divorce situations; however, it is something every party needs to prepare for.

No matter what side of the fence you are on, it is essential to keep an even head when it comes to issues dealing with child custody. It is the hottest-contested and most hard-fought issue through a divorce. Even when two parents have their children's best interests in mind, there may still be conflict and a difference of opinion.

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