Packing up boxes and leaving for a new state can be a breath of fresh air. But that excitement comes with major legal hurdles if you are from Massachusetts and want to move out. Here is what you need to know.
The legal procedure
Under Massachusetts law, one parent cannot remove a child who is a native of or has resided five years within this commonwealth without official authorization. This is typically granted in one of two ways: explicit written consent from the non-relocating parent or a court order. Taking off without one of these can lead the court to order the immediate return of the child.
What if the other parent disagrees?
If your spouse disagrees, you can petition the court for permission with the help of an attorney. It is important to note that the Massachusetts courts focus on the purpose and likely impact of relocation on the child before giving a judgment. It usually looks at relocation favorably if it is helping the parent significantly from which a child may also benefit indirectly. Most importantly, the court may ask, do the benefits of relocation truly outweigh uprooting the child from their primary residence? If the relocation is largely against the best interests of the child, the court may not allow the child to leave Massachusetts.
Charting the path ahead
Relocation disputes in Massachusetts can be challenging. With a Massachusetts family law attorney in your corner, you can fight to protect your rights as a parent while keeping your child’s best interests at the heart of the journey.