Suppose you are divorced or have a child with someone you aren’t married to, 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 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?
If you’re facing a move — whether for your career, your children, or another important reason — it might feel incredibly unfair that your plans could hinge on a judge’s decision. However, there are valid reasons why the court steps in during child custody relocation cases. When a move creates significant distance between a child and their co-parent, the court’s involvement ensures that the child maintains meaningful access to both parents.
Research consistently shows that regular interaction with both parents is crucial for a child’s emotional and psychological development. That’s why family courts prioritize preserving these relationships, even when a relocation seems necessary or unavoidable. Although it can be frustrating, the court’s role is to protect the child’s best interests, fostering a balanced and supportive environment for their well-being.
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. If both parents do agree to a relocation, if possible, it is best to have the agreement in writing.
What if a Parent Opposes the Move?
Things are more complicated if the other parent does not consent to the move. If you 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 laws around removal in Westborough require 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, or 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 to review arguments as to why the removal out of state should be allowed or denied. During the hearing, the judge will consider testimonies from both parents and evaluate evidence regarding the potential impact of the relocation on the child. In some cases, especially for temporary removal from the state, the judge may order the parent to post a bond that is refundable on return to Massachusetts with the child.
For parents who have physical 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
Relocation with children often has a high bar to pass in order to get a favorable outcome, and it’s definitely not something you want to try and go alone on. Incorrect removal from the state can result in an order to return with the child at your own expense, and then preceding through a case on whether or not the child should be allowed to relocate with a parent. That’s why it is important to consult with our experienced Westborough relocation lawyers to ensure that parental rights are honored, and everyone can enjoy new opportunities.