What if I want to remove my child from Massachusetts after a divorce order is in place?

If you want to remove your child from Massachusetts, you should first seek the consent of the other party.  If the other party fails to consent, you must take the matter to the court.

The court will first consider the best interests of the child and whether a move provides the child with a real advantage.  The court will consider other factors as well, such as whether there are sincere motives for the relocation and whether the removal might seriously hinder the relationship between the child and the other parent.  The court is unlikely to authorize a removal simply because the removing parent is the primary custodian.  Instead, the court will consider the full picture to determine whether the removal is in the child’s best interests, will damage either parental relationship, or will provide a real advantage to the child.