In Massachusetts, shared or “split” child custody arrangements are designed to provide children with a stable and consistent relationship with both parents. However, if one parent decides—or needs—to move out of state, the child relocation situation becomes much more complicated. Child Relocation cases often create significant legal challenges and emotional tension, especially when both parents have court-recognized custodial rights.
This article outlines the key issues parents face when one party in a shared custody arrangement wishes to relocate out of Massachusetts with their child. It also provides guidance on how to navigate the legal process while protecting your rights and your child’s best interests.
Understanding Shared Custody in Massachusetts
Shared custody in Massachusetts typically includes two elements:
- Legal Custody: Both parents have equal rights to make major decisions about the child’s education, health, and welfare.
- Physical Custody: The child spends significant and often roughly equal time living with both parents.
When custody is split this way, neither parent has the unilateral right to change the child’s primary residence to another state.
Legal Limitations on Moving Out of State
Under Massachusetts General Laws Chapter 208, Section 30, a parent must get permission from the court—or the other parent—before moving a child out of the Commonwealth if there is shared custody in place. This applies whether the move is for a job, a new relationship, or a desire to be closer to family.
Simply put, you cannot move your child out of state without legal authorization when there is an active custody agreement that includes the other parent.
How to Request Permission to Relocate
If the other parent does not agree to the move, you will need to file a “Complaint for Removal” in the appropriate Probate and Family Court. This legal action asks the court to approve the move based on the child’s best interests and any benefit the move may offer the custodial parent.
The Court Will Consider:
- Whether the move provides a genuine advantage for the parent requesting relocation (e.g., employment, financial stability).
- How the move affects the child’s emotional and developmental well-being.
- The child’s current relationship with both parents, including the impact on visitation and communication.
- Educational, medical, and social opportunities in the new location versus those in Massachusetts.
A Realistic Example
Imagine two parents, Daniel and Erica, who share both physical and legal custody of their 11-year-old son. Erica receives a promotion in Connecticut, which includes a significant salary increase and better benefits. Daniel, however, lives in Boston and has built a strong bond with his son through shared activities and school involvement. Erica files for removal in family court. The judge must weigh Erica’s career opportunity against the potential disruption to her son’s relationship with Daniel and his school environment.
Common Legal Questions About Relocation
- Can I move temporarily and return later?
No. Even temporary moves out of state require either mutual consent or a court order. - What if I move without permission?
You could face serious legal repercussions, including being forced to return and losing primary custody. - Will the court always favor the parent who wants to move?
Not necessarily. Courts prioritize the child’s well-being and consistency in their life. The moving parent must clearly demonstrate that the relocation serves the child’s best interests. - What if I fear the other parent may move without telling me?
You can seek a court order to restrict the child’s removal from the state and enforce it with legal consequences if necessary.
Why You Need a Family Law Attorney
Relocation cases are highly fact-specific and can significantly affect your custody rights and your child’s stability. Whether you are requesting permission to relocate or trying to prevent an unauthorized move, an experienced Massachusetts family law attorney can provide essential guidance, represent your interests, and help you navigate complex legal procedures.
Contact Our Law Firm for Help
If you’re facing a potential move involving shared custody, don’t wait. These situations can become urgent quickly and may affect your relationship with your child long-term. Call our office today to schedule a confidential consultation. Let our experienced legal team help you protect your family, assert your rights, and find the best path forward.
