Seeking Removal Of A Child Out Of State

For various reasons, a parent who has custody over one or more children from a divorce may decide to move out of Massachusetts along with the children. Perhaps to be with family, to pursue a better job opportunity or for other reasons, that custodial parent may desire to no longer reside in Massachusetts. A section of the Massachusetts divorce statute (MGL Ch. 208, Sec. 30) requires court consent to such a move if the child is not of suitable age to give his or her consent and if the noncustodial parent is unwilling to consent.

Find out more about the Removal of a Child out of state. Call our Franklin office at 508-528-8885. You can also email us to learn more about our legal services.

Factors To Consider For Removal Of A Child

Before granting a request for removal of a child from Massachusetts, a judge at the Probate and Family Court must determine whether the parent looking to relocate out of state with a child has a good, sincere reason for such a move (a "Real Advantage"). If that is in fact the case, the judge must then weigh the following factors in order to determine whether relocation of the child out of state will be in the best interest of the child(ren):

  • The improvement of the child's quality of life
  • The effect of the move on the child's association with the noncustodial parent
  • The effect of the move on the child's emotional, physical or developmental needs

The court will also give consideration to the interests of both the custodial and noncustodial parent as to how they will be impacted by such a move. Obviously, all of these considerations are very fact specific to each child removal case with the outcome of any removal request being determined by how the judge, in his or her discretion, views the particular facts and how they weigh for or against granting that request.

If you are considering moving out of Massachusetts with a child or if the parent of your child is seeking to move out of the state with your child, you want to be sure to have an experienced attorney on your side.

Contact Us

For more information or to schedule an appointment with an experienced Massachusetts divorce lawyer, please contact the Law Offices of Ira C. Yellin, LLC. You can call our Franklin office at 508-528-8885, or send us an email.