Removal/Parental Relocation

One of the most complex, contentious situations that can arise after divorce — or between unmarried parents with custody, visitation and support orders in force — is the primary custodial parent’s desire to move away with a child. Throughout the Boston area, it is common for a parent to decide that relocation would be best for him or herself and for children, often due to better job opportunities, closer proximity to extended family or other reasons.

Having sole or primary physical custody does not entitle a mother or father to move children outside of Massachusetts without the other parent’s consent or a court order. While there is no specific statute governing child removal to another location within the Commonwealth, a move of any significant distance may justify modification of visitation, support and certain other orders.

Protecting Children’s Well-Being And Parents’ Rights In Move-Away Situations

At Amaral & Associates, P.C., in Boston and Winthrop, our lawyers have extensive experience helping families resolve tough disputes, including those involving proposed parental and child relocation. We strive to obtain workable agreements through direct negotiation or mediation whenever possible, but we are also proven litigators who stand up for our clients’ parental rights in court. You can turn to us for guidance and advocacy if, for example:

  • You are a custodial parent who believes that moving elsewhere will be the best thing for your child or children, even though different arrangements may be necessary to ensure continued contact with the noncustodial parent.
  • You are a lawful parent with visitation rights who either wishes to prevent relocation of your children or pursue modifications of orders to effectively address the greater distance and/or the financial demands it will create.

Targeting Workable, Efficient Agreements, But Always Prepared For Litigation

Our family law services are knowledgeable, practical and comprehensive. An attorney at our firm will make the effort to understand your goals and the nuances of your unique case. We are adept at proposing and negotiating creative solutions that work for both parties engaged in difficult disputes. You will find additional insight and guidance in our article providing Ten Tips For Divorcing Parents.

Prompt action to learn your legal rights and obligations is critical if you wish to move away with children or protect your rights as a loving, involved parent. To talk through your concerns in an initial consultation at no charge, please call 617-539-1010 or send us an email now.