In Massachusetts, a parent cannot relocate with a child when custody is shared without first obtaining court approval. Judges carefully evaluate whether a proposed move serves the child’s best interests, considering factors such as stability, parental relationships, and the reasons for relocation.
This article explains how Massachusetts courts handle parental relocation requests, the applicable legal standards, and how parents can prepare if a move becomes necessary after divorce or separation.
What Is Shared Custody in Massachusetts?
Shared custody refers to an arrangement where both parents are involved in making major decisions about the child’s life and may share physical custody or parenting time. Courts prioritize the best interests of the child, considering emotional stability, educational needs, and the child’s relationship with each parent.
Shared custody agreements often include detailed parenting plans covering schedules, communication, and decision-making authority. These plans provide structure, but when one parent wants to move — even within the state — the plan may need to be modified.
What Is the Relocation and the “Removal Law”
Parental relocation cases fall under what is often referred to as the “removal law,” which applies when a parent seeks to move a minor child born or residing in Massachusetts out of the Commonwealth. If both parents share custody, neither may relocate the child without (1) the other parent’s consent or (2) the court’s permission.
In short, the law is designed to protect the child’s relationship with both parents while balancing the relocating parent’s legitimate reasons for moving.
Factors the Court Consider in Relocation Cases
When deciding whether to allow relocation, Massachusetts courts analyze several interrelated factors. Courts typically consider:
- The reason for the move–Whether the relocation is motivated by legitimate opportunities (e.g, employment, education, or family support), rather than an attempt to limit the other parent’s contact.
- Impact on the child–How the move would affect the child’s emotional, social, and educational development.
- Relationship with each parent–Because maintaining strong ties to both parents is critical, judges consider how feasible ongoing visitation will be after the move.
- Educational and community connections–Stability in schooling and friendships plays a significant role in a child’s well-being.
- Practicality of visitation–The court considers travel distance, costs, and the parents’ ability to facilitate long-distance parenting time.
- Each parent’s good faith–Whether both parents have cooperated in past custody matters and are acting in the child’s best interests.
The court may also take into account the child’s age and preferences, especially if the child is mature enough to express them thoughtfully. Ultimately, the overarching question is whether the move serves the child’s best interests.
Different Standards Based on Custody Arrangements
The legal analysis differs depending on the type of custody:
- Sole physical custody–If one parent has primary physical custody, the court applies the “real advantage” test, determining whether the move provides a genuine benefit to the custodial parent that will, in turn, benefit the child.
- Shared physical custody–When both parents have substantial parenting time, the court applies a best interests standard more strictly. Judges weigh both parents’ roles and how the relocation would affect the balance of time and involvement.
This distinction makes shared custody relocation cases more complex and often more challenging to approve without strong evidence that the move is in the child’s best interests.
How To Present a Strong Case for or Against Relocation
Whether you’re seeking permission to move or opposing a relocation request, preparation is key. Courts expect detailed plans and supporting evidence. A parent seeking to relocate should provide:
- A clear explanation of the purpose and necessity of the move.
- Proposed visitation schedules that maintain meaningful contact with the other parent.
- Information about housing, schools, and community support in the new location.
Conversely, a parent objecting to relocation should document the potential disruption to the child’s life and demonstrate their ongoing involvement and support.
Consult a Child Custody Attorney in Massachusetts
Parental relocation cases often combine emotional stakes with intricate legal standards. Even cooperative parents can struggle to balance opportunity and stability. At Seder Law, we represent both relocating and non-relocating parents in Worcester, Westborough, and throughout Massachusetts. Above all, we provide trusted counsel focused on protecting your child’s well-being and your parental rights. Contact us today for a consultation.