Can a Divorced Parent Legally Move Away with a Child in Massachusetts?

We have seen time and time again that Massachusetts is a great place to put down roots and raise a family. I've been in my home in Western Massachusetts with my wife for 12 years. During this time we have shared some great memories. We have been lucky enough to live near fantastic neighbors and we became parents in the spring of 2020. We are truly blessed and are still going strong.

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As with any marriage, there can be ups and downs. Sometimes the downs are too much or continue to happen more frequently to the point where the couple may need to legally separate. When it's time to relocate one of the partners may want to move out of state. If the couple does have children, this could be a little tricky.

Can You Move Out of State with Children in Massachusetts?

As I mentioned this could be a little tricky. According to the Law of Offices of Richard Mucci under Massachusetts’s family law, a parent cannot relocate outside the commonwealth or a substantial distance away within the commonwealth without the other parent’s permission or court order if:

• The child is a Massachusetts native or has resided in the commonwealth for the past five years; and
• The child is the subject of a child custody or visitation order stemming from a divorce or any other family law case.

However, Mucci reports that there is a legal procedure to move out of Massachusetts with children which includes giving the other parent notice but the procedure is deeper than just notifying the parent. You can dive in and get all of the details of the legal procedures by going here.