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Can you move out of state with the kids if you have shared custody?

On Behalf of | Sep 3, 2021 | Divorce

Staying in your family home after a divorce isn’t always the best solution. Maybe you couldn’t afford the house on your own, or maybe you and your ex agreed to sell it.

With the Massachusetts real estate market currently so competitive, it could be difficult for you to find a place to live, especially if you have custody of your children. If you have family out of state or job opportunities elsewhere, relocating with your children may seem like a better option than trying to battle it out on the local rental real estate market.

Can you move away with your kids if you share custody with your ex?

Massachusetts limits how far you can move without court approval

Situations often change during divorce, so the courts don’t dictate where you can live. However, they do expect that you will remain in the state. Leaving the state constitutes the removal of the children from the state and requires the permission of your ex or the courts.

Sometimes, the other parent involved may agree that relocating with one parent is what’s best for the kids, and they might agree to take the children for longer over the summer every year. Other times, the second parent fights back in a relocation scenario.

If your ex is not okay with your move, you will need to go to court for a hearing. You will be required to demonstrate that the move is in the best interests of the children. Reviewing your custody order and state law can help you make better decisions about the potential move with your kids out of Massachusetts after your divorce.