Massachusetts Removal Laws: Moving Out of State with Children
The short answer is that you cannot move to another state with your children, nor far enough away inside Massachusetts so that the other parent’s time with your children is negatively impacted unless the other parent agrees or you are able to get an order allowing you to move with your children from the Massachusetts Probate & Family Court.
If the children’s other parent agrees to the move, it is best to put your agreement in writing and file it with the Court. If the other parent is not in agreement, and you need Court approval, you should know these cases (referred to as ‘removal cases”) can be complex and may not reach trial for a year or more after filing.
When You Need Court Permission to Relocate with Children
The rules the Court will follow in deciding whether or not you can take your children to another state, or to another part of Massachusetts, depend on whether you and your ex share custody and/or parenting time, whether there is a good reason for you to move, whether the children’s time with the other parent will be protected and whether the move is a good one for the children.
In these cases, the Court often appointments a Guardian ad Litem to investigate your reason for wanting to move, what the children want, why the other parent objects and, most importantly whether the move is in the children’s best interests after all the circumstances are considered.
The Court will want to know more about the children’s relationship with the other parent and how you plan to guarantee their relationship with that parent will be protected. With younger children, it is often important for them to spend quality time with each parent on a week-to-week basis. If your children are teens and would not be opposed to spending summers and some school vacations with the other parent, this can be articulated as a solution.
Shared Custody and Relocation in Massachusetts
If your reason for wanting to move is sound and presents a ‘real advantage’ (you have an offer for a much better job or you are remarrying and your new spouse lives and works in another state or you are from another state and only moved to Massachusetts for the sake of the other parent and now your entire support network is in your home state), the Court will look at the other factors discussed above. If your articulated reason for moving is not persuasive, it is not likely your request will be approved, and the Court may not investigate further.
When the Court Allows a Move: The Real Advantage Test in Massachusetts
If your reasons for wanting to move is a good one, whether the move is in your children’s best interest will become the primary focus. Your children’s ages will be considered and if they are old enough, their preference may also be considered. The Court will want to know more about their lives here and what their lives will be like if you are allowed to move with them. The Court will inquire about the children’s relationship with the other parent, how often they see him or her and what arrangements you are willing to make for this relationship to continue despite the move.
How the Court Considers the Children’s Best Interests
Due to the time it takes for these cases to reach trial, the complexity of the law, the inquiries the Court is likely to make, and the costs involved, we work hard with our clients toward finding creative solutions to these disputes whenever possible. This might mean giving up some of the financial support you now rely on from the other parent or allowing the children to spend extended periods of time with that parent during school vacations and the summer months. If there is a good reason for you to consider moving and you think it is best for your children to move with you, it is reasonable to present a variety of options to their other parent to reach an agreement and avoid a lengthy and costly court case.