Legal Question in Family Law in Massachusetts

Moving out of state with children

My divorce agreement states I can't permently move out of state with my children with out permision from the childrens father or the court. The father will not grant permision... What steps do I need to take to ask the court to grant me permision? Do courts usually grant this kind of permision?


Asked on 3/31/09, 10:23 am

4 Answers from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

Re: Moving out of state with children

You need to file a request for modification. The past practice has been to regularly allow such moves so long as the custodial parent was moving to obtain a "real advantage" which would then be in the best interest of the children. Visitation will be looked at closely, as will child support, which may be reduced in order to balance out increased costs of visitation.

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Answered on 3/31/09, 10:38 am

Re: Moving out of state with children

You file a Motion with the court requesting permission to move out of state. You indicate the reasons for the move.

The court will either grant you premission or not. It is very rare that you will not be granted permission to move.

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Answered on 3/31/09, 12:27 pm
Joseph Murray Joseph M. Murray, Esq.

Re: Moving out of state with children

You need to file a Complaint for Modification. The Court will allow such moves if the custodial parent is moving to obtain a "real advantage" which would be in the best interest of the children. Good Luck!

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Answered on 3/31/09, 5:19 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Moving out of state with children

I am doing a case right now. The standard involves at a minimum the best interests of the child and the advantage to the moving spouse that improves the life of the child.

It is a complex situation, with various traps. If this is contested, you should get an attorney, and if you wish contact me.

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Answered on 3/31/09, 7:58 pm


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