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Massachusetts Law: Relocating with Children After Divorce

Divorce can be a difficult and emotional process, especially when children are involved. One of the most challenging issues that divorced parents face is relocation. If you are a divorced parent in Massachusetts and you want to move with your child, there are certain legal requirements that you must follow. In this blog post, we will discuss Massachusetts law regarding relocating with children after divorce.

Legal Requirements for Relocating with Children

In Massachusetts, if a parent wants to relocate with a child after a divorce, they must follow certain legal requirements. The parent who wants to move must file a notice of intent to relocate with the court and serve a copy of the notice on the other parent. The notice must include the following information:

  • The address of the intended new residence
  • The mailing address of the intended new residence, if different from the address
  • The home telephone number of the intended new residence, if known
  • The date of the intended move or proposed relocation
  • A brief statement of the reasons for the proposed relocation of the child

The other parent then has 30 days to file an objection to the relocation. If the other parent does not file an objection within 30 days, the court may allow the relocation without a hearing. If the other parent does file an objection, the court will hold a hearing to determine whether the relocation is in the best interests of the child.

Factors Considered by the Court

When deciding whether to allow a parent to relocate with a child, the court will consider a number of factors, including:

  • The reasons for the proposed relocation
  • The quality of the relationship between the child and each parent
  • The impact of the relocation on the child's emotional, physical, or developmental needs
  • The feasibility of preserving the relationship between the non-relocating parent and the child through suitable visitation arrangements
  • The child's preference, if the child is of a suitable age to express a preference
  • Whether there is an established pattern of conduct by the relocating parent to promote or thwart the relationship of the child and the non-relocating parent

The court will also consider any other factors that it deems relevant to the best interests of the child.

Conclusion

Relocating with a child after divorce can be a complex and emotional issue. If you are a divorced parent in Massachusetts and you want to move with your child, it is important to follow the legal requirements and to understand the factors that the court will consider when making a decision. By doing so, you can ensure that your child's best interests are protected and that you are in compliance with Massachusetts law.

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