Suppose you are divorced with a child and are presented with a great job opportunity–the only catch is it is halfway across the country. While you may jump at the opportunity, you might not be able to relocate your minor child without getting the court’s approval. Divorce, custody, and visitation orders are legally binding court decisions. While parents have the right to relocate, relocating with their children is a different matter. In Massachusetts, many divorced parents must obtain permission from the other parent or the court before moving with their child. If you are a parent interested in relocating with your child, here is what you need to know and how a Westborough relocation lawyer can help you.
Why Does the Court Interfere with Parents’ Rights?
You may think that it is massively unfair that your move–whether it is for your career, for your kids, or for any other reason–might be dependent on what a judge has to say about it. However, there are good reasons that the court gets involved. If the move causes significant distance between the child and the co-parent, the courts will step in to ensure that the child has access to both parents, as interaction with both parents is crucial to children’s well-being. Courts prioritize maintaining strong relationships between children and both parents, as studies have shown that consistent involvement from both parents is important for emotional and psychological development. While it may seem frustrating, the involvement of the court is designed to safeguard the child’s rights and maintain a balanced and supportive environment.
Is It Possible to Relocate with My Child?
The answer is: yes, it is possible. There are two ways that you can get permission: from the other parent or by the court. It might be the case that the other parent simply gives you permission to relocate, as they might understand that the move is in the child’s best interest or, sadly, not have an interest in being physically close to the child. If the other parent contests the move, you are not necessarily prohibited from moving, but the process will be more involved. However, just because it is possible to relocate with your child does not mean that you will be able to move with your child.
What if a Parent Opposes the Move?
Things are more complicated if you need permission from your spouse and they are unwilling to provide it. If you and your ex-spouse cannot reach an agreement on relocating your child, either parent can file a petition with the court to request an order from the court that either permits or blocks the move. You cannot simply move with your child without a court order.
The removal law effective in Westborough requires you to get permission for the proposed move if the child was born in Massachusetts or has lived in the state for at least five years, if the child is too young to provide consent, and if a probate and family court has jurisdiction to make custody decisions for that child. The court has jurisdiction if you are currently involved in any case related to the child, such as divorce, paternity, or support cases. The court may also have jurisdiction if you were previously involved in such a case.
After the petition is filed, the judge will schedule a hearing and may require one or both parents to post a bond, which will be refunded after the final decision. The purpose of the bond is to ensure that no one relocates without a valid court order. During the hearing, the judge will consider testimonies from both parents and evaluate evidence regarding the potential impact of the relocation on the child.
For parents who have primary custody (one parent has the primary responsibility for a child’s day-to-day care, living arrangements, and decision-making), Westborough courts will apply the Real Advantage Test. The Real Advantage Test is commonly known as the “Yannas Test” in Massachusetts. The core principle of the real advantage test is that a child’s well-being is often closely tied to that of the primary custodial parent. If the parent requesting relocation can demonstrate a genuine benefit to moving with the child out of Massachusetts, the court may approve the move. There are two prongs to this test:
- Will the primary parent gain a real advantage from the move?
An advantage might be economic benefits, family support, or unique educational opportunities. Your move should benefit both you and your child, not aim to exclude the non-relocating parent from their life. - Is the move in the child’s best interests?
The court will apply the “best interests” test (more on this below).
What Does the Court Consider in a Relocation Petition?
When considering relocation, the court will first review the current custody agreement. The court will evaluate the following factors as part of the best interests analysis:
- The effect of relocation on the child’s emotional, physical, or developmental needs.
- Whether the child’s relationship with the non-moving parent will be affected.
- Whether any adverse effects will result from changing the current visitation schedule.
- Whether the child’s quality of life will improve as a result of the move, and if the child will experience similar benefits as the relocating parent.
- Each parent’s interest in permitting or opposing the move.
- In certain cases, when a child is mature enough to make an informed decision, the court may take the child’s preference into account regarding whether to relocate or stay with the other parent.
Contact Our Experienced Westborough Relocation Lawyers
If you are facing a relocation involving children, it is essential to consult with our experienced Westborough relocation lawyers. Relocating with children often involves complex legal considerations, especially when custody or visitation agreements are in place. A skilled family law attorney can help you navigate the legalities of moving with children, ensuring compliance with Westborough law as well as protecting your parental rights.