After a divorce or custody order is in place, one parent may consider relocating for a new job, family support, or a fresh start. However, moving—especially with a child—can significantly affect existing custody and parenting time arrangements. In states like Massachusetts, relocation cases are taken seriously, and court approval is often required before a move can take place.
Does a Parent Need Permission to Relocate?
In many cases, yes. If a parent wants to move with a child in a way that would disrupt the existing parenting schedule, they typically must either obtain the other parent’s consent or seek approval from the court.
Relocation may require court involvement when:
- The move is out of state
- The move significantly increases travel time between parents
- The move interferes with the current parenting schedule
Even relatively short-distance moves can require approval if they affect the child’s routine or the other parent’s ability to exercise parenting time.
What Do Courts Consider in Relocation Cases?
When a relocation request is contested, courts focus on the best interests of the child, while also weighing the reasons for the proposed move. The court’s goal is to balance the child’s stability with each parent’s right to maintain a meaningful relationship with the child.
Key factors courts often evaluate include:
- The reason for the proposed relocation (e.g., employment, family support, education)
- The impact of the move on the child’s relationship with the non-moving parent
- The feasibility of preserving parenting time through a revised schedule
- The child’s adjustment to their current home, school, and community
- Whether the move will improve the overall quality of life for the child and relocating parent
Courts are generally cautious about approving relocations that would substantially reduce one parent’s involvement in the child’s life.
How Parenting Time May Change After Relocation
If a relocation is approved, the existing parenting schedule will likely need to be modified. Because frequent visits may no longer be practical, courts often create alternative schedules that allow for meaningful, though less frequent, contact.
Modified parenting plans may include:
- Longer blocks of parenting time during school vacations and holidays
- Adjustments to summer schedules
- Virtual communication such as video calls to maintain regular contact
- Shared transportation responsibilities between parents
The goal is to preserve the parent-child relationship while accommodating the realities of distance.
What If the Other Parent Objects?
If the non-moving parent does not agree to the relocation, the parent seeking to move must file a formal request with the court. This typically involves presenting evidence to demonstrate that the move is in good faith and in the child’s best interests.
Relocation cases can become complex and fact-specific. Courts will closely examine both parents’ positions, and the outcome often depends on the strength of the evidence presented.
Why Legal Guidance Is Important
Relocation cases involve a careful balance between parental rights and the child’s well-being. Whether you are seeking to move or opposing a relocation, it is important to understand your legal obligations and the potential impact on your custody arrangement.
An experienced family law attorney can help you evaluate your options, prepare the necessary filings, and advocate for a parenting plan that protects your relationship with your child.
Speak with a Massachusetts Family Law Attorney About Relocation and Parenting Time
If you are considering a move or facing a relocation dispute, it is important to act before making any decisions that could affect your custody rights. The family law attorneys at Briones Law Group can help you navigate relocation issues and pursue a solution that supports your child’s best interests. Contact us today to schedule a case evaluation.