Guidance In Child Removal Matters

Often, one parent wants to relocate following divorce or the end of a nonmarital relationship in order to be closer to extended family, start a new job, or because he or she is involved in another relationship or perhaps has even remarried.

Relocation out of the state is challenging when a minor child is involved. Sometimes, the law refers to this as “removal” of a child from the state. A parent who wishes to move with a child is typically required to send a formal notice to the nonrelocating parent and request that parent’s consent. If the nonrelocating parent objects, court intervention is required prior to moving with a child.

The court requires a parent who is seeking consent to remove a child from the Commonwealth to show that there is a “good and sincere reason” for the move and that the move is “in the child’s best interests.” The relocating parent must also show that there is a “real advantage” to the parent and child after the move. The type of custody the relocating parent has will also be a factor to consider. Simply moving to prevent the child’s other parent from sharing custody or “just because” is not a valid reason.

Representing Either Parent In Child Removal Cases

At Kajko, Weisman & Colasanti, LLP, our experienced family law lawyers represent parents who are seeking approval to move with a child out of state, as well as those who want to prevent the other parent of their child from moving away.

There are a number of factors that can contribute to showing the court that a move to a different state is in the child’s best interest. These include:

• The child’s quality of life will improve.
• The parent’s ability to cater to the child’s physical, emotional or developmental needs will improve.
• The custodial parent’s quality of life will improve.
• The child will still be able to maintain a relationship with the nonrelocating parent.

It should be noted that if you are the father of a child who was born out of wedlock and you have not established paternity, the mother is presumed to have legal custody of the child and she may be able to remove the child from the state without your permission.

We serve clients with a great deal of empathy and understanding in terms of the emotions they are experiencing.

Taking steps on your own without legal representation could negatively affect the final outcome of your case. Also, if you are contemplating moving out of state, it is important to begin the process for receiving consent as early as possible. If the child’s other parent attempts to prevent the move, it can take many months to litigate the issue before you can move.

If you have questions regarding removal of a child, contact us to schedule a confidential consultation. For our clients’ convenience, we have offices in Lexington and Nashua.