Changes in circumstances can render custody orders ineffective. When parents change jobs, remarry or move to a new home, those changes in their circumstances may require a review of the current custody arrangements.
A parent looking to move closer to their extended family, pursue a better career or progress a romantic relationship might want to move with the children out of the state. Can one parent decide on their own to relocate with minor children who are subject to a custody order?
Long-distance moves require approval
A move-away scenario that takes the children out of the state generally requires a significant adjustment of the current custody order. The parents may need to work out a new division of parenting time and to address the costs associated with travel between the homes.
Generally speaking, the parent proposing the move must provide written notice to the other parent and the family courts. If the parents can negotiate a new custody arrangement together, they can request an uncontested modification from the family court.
Judges hearing contested relocation cases make decisions that are in the best interests of the children. They consider the reason for the move and the impact it may have on the children’s relationships. Parents who need to move due to changes in their circumstances often benefit from cooperating instead of fighting over custody matters.
Working with a family law attorney to make it easier for one parent to propose arrangements that the other may find acceptable or to prepare for family court. Understanding the rules for Massachusetts relocations and custody modifications can help parents ensure that they follow the appropriate procedures.
