The Commonwealth of Massachusetts has strict laws about a parent relocating a child. Our lawyers often represent parents with primary residential custody who want to move, as well as parents who do not want their child to relocate.

Along with your Complaint for Modification, you’ll want to file a Motion for Temporary Orders, which is supported by documentation demonstrating that the relocating parent has thought the matter through carefully and that the relocation is in the child’s best interest. To prepare their motion, a parent must be specific and thorough in their preparation. A parent should analyze the following factors:

Neighborhood and School: Know where they will be living and describe the benefits of the neighborhood and the schools the child will attend (photos are helpful);

Daycare: Research any daycare facilities that they intend to use and include as part of your motion a brochure or contract from the provider;

Employment: If a parent is moving to improve themselves financially, they should include information regarding their new job or planned education including any employment contracts or offers, benefit information or brochures.

Health: If there are any health considerations regarding the move, those should be included as part of the motion along with any medical documentation. For example, if the move is to a warmer climate that benefits asthma (for the parent or child), the parent may wish to present medical evidence as part of their case.

If the court allows the relocation, it often requires the party moving to pay more of the transportation costs related to visitation.

There is no “standard” visitation schedule when the visitation must occur at a distance. Often, however, the courts grant the non-custodial parent extended access times for school holidays and vacation time, including but not limited to, an inordinate number of the 10 three-day weekends each year.

The Massachusetts Family Law Group is a statewide network of divorce law offices and family law attorneys dedicated to defending the legal rights of men and women relating to their domestic relations matter. 

Each of our six offices across Massachusetts offers no-obligation consultations starting at 5am during the week and all weekend long. 

Call (800) 910-DIVORCE or contact us for an appointment in Springfield, Worcester, Norwood, Andover, Plymouth or on Cape Cod.