Legal Question in Family Law in Massachusetts

Modification to relocate out of state

Do I stand a good chance of being granted permision by court to relocate out of state with my children if I am planning to remarry and my future husband resides out of state but only 45 miles from my current residance?


Asked on 6/02/09, 1:29 pm

3 Answers from Attorneys

Joseph Murray Joseph M. Murray, Esq.

Re: Modification to relocate out of state

If you file a complaint for modification with notice to your ex husband and demonstrate to the court that the move would be in the child's best interest, it is likely the Probate Court that issued the divorce would modify its judgment to allow you to move out of state with the child. Good Luck!

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Answered on 6/03/09, 3:56 pm
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Modification to relocate out of state

Short and sweet: yes.

You may have to do some of the visitation driving, but this is related to the distance increase, not the crossing of a state line.

be aware that child support stays in Massachusetts unless you BOTH agree to move it to the new state. It is probably not in your interest to do so, if the non-custodial parent resides in Massachusetts.

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Answered on 6/02/09, 2:28 pm

Re: Modification to relocate out of state

Yes. Absent a compelling reason not to allow you to move the courts will generally allow you to do so.

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Answered on 6/02/09, 3:07 pm


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