Legal Question in Family Law in Massachusetts

Re: I am a mother of 2 wanting to relocate

The short answer is you are not permitted to relocate unless your ex agrees, or you seek the permission of the court. In court, there will probably be a trial in which you will have to present evidence about your relocation, and its advantages. Your ex will present evidence about the disadvantages of the relocation to the children and him. If you move without either of the two, your ex can go to court and seek a change in physical custody. This position is not unusual and you should consult an attorney,who can gather the information, and suggest options. You are certainly welcome to call or contact me and discuss this.

Re: I am a mother of 2 wanting to relocate

You must petition the court on a complaint for modification. You cannot unilateral decide to move. Both parties need to agree and/or the court needs to be requested to order a modification.

Please see below the statute that pertains to your question as to relocation and the factors the courts look at regarding same.

Massachusetts General Laws chapter 208, section 30, "which permits the court "upon cause shown" to order that a minor child of divorced parents..."

The case on point is "Yannas v. Forndistoc-Yannas, 395 Mass. 7704, 711-12 (1985) "...evaluation of best interests of the child under Massachusetts Statute, M.G.L.A.c 208, section 30, requires attention to whether the quality of the child's life may be improved by change, including any proof flowing from improvement in quality of the custodial parent's life..."

The court looks at multiple factors: 1. the age of the child (is important); the underlying motive for the move; if a meaningful relationship can continue with the parent remaining behind; will this move benefit the custodial parent; is the move in the best interest of the child, etc.

Re: I am a mother of 2 wanting to relocate

You need to petition the court (file a complaint for modification). You cannot unilateral decide to move. Both parties need to agree and/or the court needs to order same.

Please see below the statute that pertains to your question as to relocation and the factors the courts look at regarding same.

Massachusetts General Laws chapter 208, section 30, "which permits the court "upon cause shown" to order that a minor child of divorced parents..."

The case on point is "Yannas v. Forndistoc-Yannas, 395 Mass. 7704, 711-12 (1985) "...evaluation of best interests of the child under Massachusetts Statute, M.G.L.A.c 208, section 30, requires attention to whether the quality of the child's life may be improved by change, including any proof flowing from improvement in quality of the custodial parent's life..."

The court looks at multiple factors: 1. the age of the child (is important); the underlying motive for the move; if a meaningful relationship can continue with the parent remaining behind; will this move benefit the custodial parent; is the move in the best interest of the child, etc, etc.

You may want to atleast consult with a family law attorney. Sincerely, Maria Murber