Boston, Massachusetts Family Law Attorney
Relocation and Child Custody Modifications
At the law office of Diane W. Spears in Boston, Massachusetts, I represent clients seeking custody modifications including those cases where one parent wants to move with the children to another state or country. Relocation will disrupt and affect the child's relationship with the other parent. Modifications of custody and visitation rights must be carefully and sensitively handled.
Laws and Consequences of Relocation
I have a thorough knowledge of those laws at the law office of Diane W. Spears. According to Massachusetts State statutes, a parent who wants to move a child out of state must get written permission from the other parent or a court order permitting the move.
Advantages of Relocation
Changes of custody are sometimes bitterly fought all the way to the appellate courts. However, if it is a “real advantage” for the custodial parent to move, the courts will generally allow the move. In this area the best interests of the parent usually coincide with the best interest of the children. The benefits of the move to the parent will usually flow to the child. The relationship between the child and the parent staying may be found less important than the advantages of moving.
A job offer, a desire to be closer to a supportive family network, or a remarriage to someone residing outside of the state are all legitimate reasons to relocate. Changes in parental access and visitation by the non-custodial parent will usually be required, though, to maintain the parent-child bond.
Joint Custody and Relocation
Where the parties have joint custody, relocation becomes complicated and is less likely to be approved by the court. The best interests of the child is of primary importance to the court. The parent's interest in or reasons for moving are of less importance. In most cases, courts deem it is not in the best interest of the child to move because the relationship between parent and child can be damaged and the bond can be lessened.
For more information or to schedule an appointment regarding a possible state or international relocation with an experienced family law attorney, please contact me.
