Building a Child Removal Case in Massachusetts
Let’s say you are in the middle of the divorce process and have decided to move outside of Massachusetts. Relocation outside of Massachusetts could occur for many personal and professional reasons. When children are involved, you may think you can just move without permission of the court or your former spouse. But that is not the case with child removal.
When do you need court permission for child removal?
To remove your child from Massachusetts, you will need to get permission from your former spouse or the court. As much as you may want to just leave, lack of consent from the court or other parent of your child could lead to kidnapping charges against you. In fact, the laws around child removal in Massachusetts state that a minor child of divorced parents may not be removed from Massachusetts without consent of both parents or a court order.
If you and your former spouse have an amicable relationship, you may not need court permission to leave the state with your child. If you and your former spouse agree on the relocation, we recommend you prepare a written agreement. This written agreement should confirm that your former spouse grants permission for the relocation. This written agreement should also outline child custody and a parenting time schedule. Additionally, we strongly recommend obtaining a court order to incorporate the removal into a new or preexisting custody agreement.
What is the judge looking for in relocation cases?
If you are newly filing for divorce and know you want to relocate with your child, we suggest you put that in your divorce complaint. If you have already filed a case, however, our attorneys can assist you in amending your complaint to reflect your goal to move your child out-of-state. Be aware that judges will often take a lot of time and care with child removal cases. When assessing a child removal case, a judge will want to gather specific details. These details will likely center around why you want to move, and why relocation would be good for you and your child.
There could be many different reasons why you want to relocate with your child. Such reasons could involve a job transfer or new professional opportunity, financial growth, or better educational opportunities for your child. Other reasons may involve being in closer proximity to family, a new marriage, or medical reasons.
A judge will likely want to see that this plan is thoughtful, mature, and was made with care. A judge will be more inclined to grant permission to remove your child from Massachusetts if you are serious about moving and there are several positive reasons for this decision. When building a case of this nature, our family law attorneys will help you compile necessary documents to bring forward to the judge. For example, a new job offer letter or school acceptance letter would be helpful documentation to bring forth during a child removal case.
It is important to respect the other parent.
Perhaps the most important part of a child removal argument is demonstrating you are not moving your child out-of-state to keep the child away from the noncustodial parent. The court often uses the “best interest of the child” standard in removal cases. It is highly unlikely a judge would find it to be in your child’s best interest not to have a relationship with both parents. Therefore, we encourage you to be willing to develop a new parenting schedule to accommodate your former spouse. You should also show a willingness to arrange daily communication between your child and the other parent. Nonetheless, inform your family law attorney if the court prohibited your former spouse from retaining any custody rights due to child abuse or domestic violence. In these circumstances, a judge may find it is in the child’s best interest to stay away from the noncustodial parent.
Remember, it is critical to put the child first in removal cases. Generally, you should also prioritize the child’s relationship with your former spouse.
Child removal cases are very challenging. Accordingly, judges around the Commonwealth will handle these cases with care. Unfortunately, it may take a bit longer than you would have hoped. Uprooting a child from her or his current environment can be very traumatic and detrimental. Our family law attorneys can assist you through this difficult process.
If you are dealing with a child relocation case, schedule a free consult with our office to learn about how we can help you. To schedule a consult, call us at (866) 995-6663.