Legal Question in Family Law in Massachusetts

Re: Relocation

The judge must decide what is in the best interest of the child. You should retain an attorney to try to make your best case as to why the move is not in the child's best interest and to request your son be heard if that is deemed appropriate. Good Luck!

Re: Relocation

Your ex-wife can relocate if she wants. She may only bring your son -- "removal" with her if it is in his best interest. The case law requires that she show the move to confer a "real advantage" on her which will also benefit the son.

His opinion can be expressed. Given his age, the Court may simply order a probation/family service investigation, which amounts to a discussion between the boy and the appointed probation officer. If the matter appears more complex, the court may order a guardian ad litem investigation.

The court is likely to be very realistic regarding the young man's reasonable desires, because he is certainly old enough to get where he wants to be. I express this as the "two-foot rule" -- the boy can reside where his two feet will take him. The court is well aware that no one can tie him down and force him to reside with one parent or the other; the most a court can do is threaten an unsafe parent with consequences if he or she ALLOWS the child to reside with him or her.

I assume you to be a safe and appropriate parent.

Re: Relocation

She must file an action in court to seek permission to relocate. There is case law on this matter, that I can discuss with you.