Building a Case Against Child Removal in Massachusetts
Child relocation cases can profoundly impact both parents and children, particularly when they alter an existing custody arrangement. Whether you are recently divorced or have been co-parenting for years, the prospect of your child moving out of state can raise complex legal and emotional challenges. If you are seeking to oppose a proposed relocation, understanding the legal framework and the factors courts consider can help you build a compelling case.
Imagine the following scenario. Your former spouse, Jamie, has decided to relocate out-of-state and take your child along. There could be many reasons for the move: a new job, closer proximity to family, or a new relationship in a new state. As a range of emotions cross your mind, you feel strongly that Jamie’s decision would negatively impact the relationship you have with your child.
How Does the Court View Parent-Child Relationships in Relocation Cases?
If a proposed move would significantly disrupt your ability to maintain joint legal and physical custody, the court will carefully assess whether the relocation serves the child’s best interests. For example, if your former spouse plans to move across the country, maintaining regular parenting time may become difficult, potentially straining the parent-child bond. Courts recognize that children benefit from meaningful relationships with both parents when possible, and they weigh the potential impact of relocation accordingly.
Judges evaluate whether a parent is actively involved in the child’s life—participating in daily routines, attending school events, and making important decisions. A strong, stable parental relationship can be a key factor in opposing relocation. However, if a parent has a history of issues such as substance abuse or domestic violence, the court may determine that relocation is in the child’s best interests to ensure a safer environment.
What Are Your Options as a Noncustodial Parent?
If you do not have primary physical custody, the first step is to have a conversation with the other parent to understand their reasons for moving. While an agreement may not always be possible, discussing potential compromises—such as modified visitation schedules—can sometimes prevent costly litigation.
If an agreement cannot be reached, you may need to formally oppose the relocation by filing a complaint with the court. In doing so, it is important to provide clear reasoning beyond emotional concerns. For instance, if you share joint legal and physical custody, the move could fundamentally alter your parenting arrangement. The court will consider the impact on the child’s stability, education, and overall well-being.
What if the Proposed Move Would Negatively Affect Your Child’s Quality of Life?
Another key factor in relocation cases is whether the move would diminish the child’s current quality of life. If the new living arrangement offers fewer opportunities—such as a smaller home, lower educational standards, or fewer extracurricular activities—the court may be hesitant to approve the relocation. Judges carefully examine whether the child is thriving in their current environment and whether the proposed move would disrupt their academic, social, and emotional well-being.
Navigating the Legal Process
As these cases are very difficult, judges around the Commonwealth will handle them with care, and 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 and need an attorney’s assistance, 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.