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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 you want to be with family, pursue a better job opportunity or you have other reasons for relocation. In Massachusetts, you must get the court’s consent to move if the child is not of suitable age to give his or her own consent and if the noncustodial parent is unwilling to consent.

Factors To Consider For Removal Of A Child

Before granting a request for removing a child, a judge at the 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. If that is the case, the judge must then weigh the following factors in order to determine whether relocation will be in the best interest of the child.

These factors include:

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

The court will also consider 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 case. The outcome of any removal request is determined by how the judge, in his or her discretion, views those facts and how they weigh for or against the request.

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

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For schedule a free, one-on-one consultation with one of our attorneys, please call our Franklin office at 508-528-8885, or send us an email.