In Massachusetts, shared or split custody arrangements aim to give both parents significant roles in their child’s life. But when one parent wants to relocate to another state, it introduces a complex legal issue that courts take very seriously. If you’re researching whether you can move out of state with your child while sharing custody, it’s essential to understand your legal responsibilities and rights.
What Is Split Custody?
Split custody typically refers to arrangements where both parents share physical custody (the child lives with both parents for substantial time) and/or legal custody (both parents share decision-making). These agreements are often detailed in court-approved parenting plans or custody orders.
In such cases, neither parent can unilaterally move a child out of Massachusetts without either the other parent’s consent or a court order.
Legal Requirements for Relocation
Under Massachusetts General Laws Chapter 208, Section 30, a parent who shares custody must seek permission from the other parent or the court to relocate a child out of state. This process is known as a “removal” request.
Steps Required:
- Notice to the Other Parent – The relocating parent must notify the other parent of the proposed move.
- Consent or Court Order – If the other parent agrees, the move can proceed with mutual consent. If not, the parent must file a complaint in family court.
- Best Interests of the Child Standard – The court evaluates whether the move is in the child’s best interests, considering the emotional, developmental, and educational impact of the relocation.
What Courts Consider When Deciding Removal Requests
When deciding whether to allow a parent to move a child out of state, Massachusetts courts focus on two key factors:
- Real Advantage to the Moving Parent – Does the move offer a tangible benefit (e.g., job opportunity, family support, improved living conditions)?
- Best Interests of the Child – Will the move promote the child’s emotional, academic, and overall well-being?
Example:
Lisa and Mark share physical custody of their 10-year-old daughter, Ava. Lisa receives a job offer in New York with better pay and proximity to her extended family. Mark opposes the move, fearing it will disrupt Ava’s school and social life. Lisa files a removal request. The court will examine Lisa’s reasons, Ava’s bond with both parents, and the practical impact of relocating. It may approve the move if it finds that Ava’s overall welfare would be enhanced and adequate visitation for Mark can be arranged.
Common Questions Parents Ask
Can I move temporarily and bring my child?
Not without consent or court approval. Even short-term relocations can violate custody orders.
What happens if I move without court permission?
You could face serious legal consequences, including being ordered to return the child and possibly losing custody.
Does shared legal custody impact relocation decisions?
Yes. Shared legal custody means both parents must agree on major life decisions, including a move that would significantly change the child’s circumstances.
What if the other parent won’t agree to the move?
You’ll need to file a petition with the Probate and Family Court and attend a hearing where a judge will make the decision.
Why Legal Guidance Is Critical
Relocation cases involving split custody are legally and emotionally challenging. Courts do not take the disruption of a child’s existing routine and parental relationships lightly. Even when the moving parent has good intentions, improper actions can backfire legally.
To protect your rights—and your child’s future—it’s important to consult an experienced family law attorney. Legal advice can help you navigate custody laws, prepare compelling arguments, and avoid costly mistakes.
Call a Massachusetts Family Law Attorney Today
Whether you’re a parent seeking to relocate or trying to prevent a move that could affect your relationship with your child, you don’t have to go through it alone. Our dedicated family law team understands the stakes and is here to help you make informed, strategic decisions. Call our office today for a confidential consultation and ensure your child’s best interests—and your parental rights—are fully protected.