How Relocating After Divorce Can Affect Your Custody Plan

If you’re considering a move after divorce, understanding how Massachusetts law handles relocation can help you protect your custody arrangement and your relationship with your children.

Key Takeaways:

• Massachusetts law requires parents with custody agreements to provide written notice before relocating, and moves that significantly impact the other parent’s time with the child often require court approval.
• Courts evaluate relocation requests based on the best interests of the child, considering factors like the reason for the move, the impact on the child’s relationship with both parents, and the feasibility of maintaining the existing parenting schedule.
• Whether you’re the parent hoping to relocate or the parent concerned about your co-parent’s potential move, having proper legal guidance can help you navigate this complex process.

Life doesn’t stop after divorce. New job opportunities, family support systems, romantic relationships, and personal goals can all lead a parent to consider relocating to a new place. While these changes can represent exciting new chapters, they also raise significant legal questions when children are involved. A move that seems straightforward on the surface can dramatically alter custody arrangements, parenting time, and the day-to-day relationship between a child and their parents.

At O’Connor Family Law, we understand how complicated these situations can become because we’ve experienced divorce and custody challenges firsthand. Every attorney at our firm has personal experience with these matters, which gives us a unique perspective when helping clients navigate relocation issues. We are advocates for your family’s best interest, and we believe that informed parents make better decisions. This blog will walk you through what you need to know about relocating after divorce in Massachusetts and how it can affect your custody plan.

Massachusetts Relocation Laws and Requirements

Massachusetts takes parental relocation seriously, and the law includes specific requirements designed to protect the rights of both parents and, most importantly, the well-being of the children involved.

If you have a custody agreement or court order in place, you cannot simply pack up and move without considering your legal obligations. Massachusetts General Laws Chapter 208, Section 30, addresses the issue of removal of children from the Commonwealth. If you want to relocate out of state with your child, you generally need either the consent of the other parent or permission from the court.

Even for in-state moves, your custody agreement may include provisions that require notice to the other parent or restrict relocations beyond a certain distance. These provisions exist because a move can significantly impact the other parent’s ability to exercise their parenting time.

How Relocation Affects Existing Custody Arrangements

When a custody plan is created, it’s designed around the current circumstances of both parents and the child. The schedule accounts for where each parent lives, work schedules, school locations, and the child’s extracurricular activities. A relocation disrupts this balance and forces everyone to reconsider how the arrangement will function going forward.

For the relocating parent, a move might mean requesting a modification to the custody agreement. If you currently share physical custody equally, moving a significant distance could make that arrangement impossible to maintain. You might need to propose a new schedule that gives the other parent extended time during school breaks, holidays, and summer vacation to compensate for reduced weekly contact.

For the non-relocating parent, a co-parent’s move can feel threatening to your relationship with your child. Suddenly, the parenting time you’ve relied on could be reduced, and you may find yourself facing the prospect of long-distance parenting. Understanding your rights in this situation is essential, as you have the ability to object to the relocation and present your case to the court.

Children are also affected by these changes in ways that courts take very seriously. A move might mean changing schools, leaving friends behind, and adjusting to a new community. Courts want to ensure that any relocation serves the child’s best interests rather than simply accommodating a parent’s preferences.

What Courts Consider When Evaluating Relocation Requests

When a parent seeks court approval to relocate with a child, the judge must determine whether the move is in the child’s best interests. Massachusetts courts consider a variety of factors when making this assessment.

The reason for the relocation matters. Courts look more favorably on moves motivated by legitimate factors such as a significant job opportunity, the need to be closer to extended family for support, or educational opportunities. A move that appears designed primarily to interfere with the other parent’s relationship with the child will face much greater scrutiny.

The impact on the child’s relationship with the non-relocating parent is a central concern. Judges want to understand how the move will affect the child’s ability to maintain a meaningful relationship with both parents. If the relocating parent can demonstrate a willingness to facilitate ongoing contact, courts may view the request more favorably.

The child’s ties to their current community also play a role. How long has the child lived in their current location? Are they thriving in their school? Do they have strong friendships and connections to extended family nearby? A child who is deeply rooted in their community may have a harder adjustment to relocation than one who has moved frequently.

The feasibility of preserving the relationship between the child and the non-relocating parent is another consideration. If the proposed move is across the country, maintaining regular in-person contact becomes much more challenging than if the move is to a neighboring state. Courts will examine whether the proposed modified parenting plan is realistic and whether it adequately protects the child’s relationship with both parents.

Finally, the child’s own preferences may be considered, particularly for older children. While a child’s wishes are not determinative, judges may take them into account when the child is mature enough to express a reasoned opinion.

Steps to Take If You Want to Relocate

If you’re considering a move and you share custody of your child, taking the right steps from the beginning can make the process smoother and improve your chances of a favorable outcome.

Start by reviewing your existing custody agreement or court order. Look for any provisions that address relocation, notice requirements, or geographic restrictions. Understanding your current obligations is the first step in planning your approach.

Provide proper notice to your co-parent. Even if your custody agreement doesn’t require formal notice, informing the other parent about your intentions early demonstrates good faith and a willingness to work together. Surprising your co-parent with a sudden move is unlikely to be viewed favorably by the court.

Attempt to reach an agreement. If you and your co-parent can negotiate a modified custody arrangement that accommodates the relocation, you can present that agreement to the court for approval.

If agreement isn’t possible, you’ll need to file a motion with the court seeking permission to relocate. You’ll need to present evidence supporting your reasons for the move and propose a realistic parenting plan that protects your child’s relationship with the other parent.

What to Do If Your Co-Parent Wants to Relocate

Learning that your co-parent intends to move away with your child may feel like your relationship with your child is being threatened, and you might not know what options you have. The good news is that you have rights, and the court will consider your concerns.

If you receive notice of a proposed relocation, take it seriously and respond promptly. Ignoring the situation or hoping it will resolve itself can result in losing valuable time to present your case.

Evaluate the proposed move and the new parenting plan your co-parent has suggested. Consider whether the arrangement truly allows you to maintain a meaningful relationship with your child or whether it would effectively reduce you to a long-distance parent with minimal contact.

If you object to the relocation, you have the right to contest it in court. You’ll need to present evidence showing why the move is not in your child’s best interests or why the proposed parenting plan is inadequate. An experienced attorney can help you build a compelling case and advocate for your parental rights.

How O’Connor Family Law Can Help

At O’Connor Family Law, we are advocates for your family’s best interest in every situation, including complex relocation disputes. Our team understands the emotional weight of these cases because every attorney at our firm has personal experience with divorce or custody issues. We combine our firsthand perspective with dedicated legal advocacy to help you protect your relationship with your children and achieve an outcome that serves their well-being.

Whether you’re considering a move or facing a co-parent’s relocation request, we’re here to guide you through the legal process with clarity, compassion, and determination. Reach out to book a free case evaluation and learn how we can support your family during this challenging time.