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Parental Relocating After a Divorce


Divorcing as a parent can be challenging, but working with your ex after the divorce can be even harder. Life rarely stays as static as we think it might, and many people might experience shifts in direction over the years after the divorce, including your kids. When divorced spouses meet new people or find new jobs, therefore, they might want to pack up the kids and move to a new state; however, this is not always simple.

Massachusetts is one of the few states that allows kids to indicate whether or not he or she is willing to move to another state if the child is old enough to give consent. If the child is not mature enough, then both parents must be okay with the move before it can happen.

Some parents will share physical or legal custody of a child after a divorce, and both parents usually have a right to be present in their children’s lives. Therefore, even if a parent has full physical custody, he or she doesn’t have the right to remove the child from the state without the consent of either the child or the other parent.

If you find yourself in the position of needing to relocate to another state, you must first ask your ex for consent to take your child with you. If you both cannot agree on the move, you will need to petition the court for permission to move your kid. For parents with sole custody, the court will require proof there is an advantage to moving and is in the best interests of the child. A judge will look at your financial situation in particular. Likewise, the judge will want to know you are not moving to hinder the other parent's relationship with your kid deliberately.

If you have shared physical custody, or if the child spends a significant amount of time with the noncustodial parent, the burden on the parent who wants to move with the child is heightened. You will need to convince either your ex or a judge the move is in the child’s best interest, not just your own.

For more information, or if you would like to negotiate the terms of relocating with your child, consider talking to our skilled Bristol County family law attorneys. Percy Law Group, PC is dedicated to providing superior legal advice and personal service to each client. Let us help you reach your family law goals with as little stress as possible.

Contact us at (508) 206-9900 or fill out our online form to schedule a case consultation with us today.

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