Legal Question in Family Law in Massachusetts

Re: non custodial parent relocating

Mr. Rourke might well greet your ex by saying, "Welcome to Fantasy Island." The Court might order -some- concession for you, especially if the ex's move was entirely involuntary (e.g., he had no choice but to take a job located near his new residence). In general, however, the Court looks to which parent moved first, and only then "why." When the custodial custodial parent moves, she or he usually bears some of the burden of transportation. When the noncustodial parent moves, she or he is looked at more closely.

All of this having been said, the Court wants the parents to cooperate. You might well have to meet a third of the way, for example, given current transportation costs and other factors.

Look at all factors in deciding how to handle this request. Has the ex's moved doubled his salary? Should he thus be paying more child support? If so, will the Court be cranky with you for volunteering nothing?

Despite my initial facetious answer, there are no fixed rules, just balancing in equity. Look at everything before you form an answer. Then form a FAIR answer. That FAIR answer can be defended in the Court.

Re: non custodial parent relocating

While the court might make you give some concession to your ex, it is unlikely you will be required to drive your daughter to him. The court will look at who moved first and why. He was forced to move to take a job, that is one thing. If he moved because he wanted to move, that is another.

If you had an attorney before, you might want to contact him for assistance. It would be very unfair for him to move and expect you to do all the driving and the court knows this.