Removal & Interstate Custody & Support Disputes

Removal and Interstate Custody and Support Quincy, Massachusetts, Removal Rights Lawyer

Massachusetts General Statute L.c. 208, declares that custodial parental removal (relocation) out of the state requires the consent of the non-custodial parent, or the child if s/he is of a suitable age of consent. If a non-custodial parent does not (or cannot) approve of the move-away, the court must consider whether the relocation will offer "real advantages" to the child's welfare. Most importantly, the judge takes into account the effects that long-distance visitation and reduced non-custodial parenting time will have on the child. In addition, however, the judge must weigh the positive effect the parental relocation might have on the child by improving the life of the custodial parent. Clearly, removal issues are considered and resolved on a case by case basis.

Parental relocation solutions that meet your family's unique needs

Whether you are a custodial parent seeking to relocate, or a non-custodial parent opposing a move-away request, Bishop & Reidy, P.C. can help. We are Massachusetts family law attorneys with the experience and knowledge of child removal laws to help you find a satisfactory resolution to your parental relocation concerns. We have earned a reputation throughout Massachusetts family law courts for our integrity and concern for the needs of children and families involved in child custody matters. We help divorced parents make appropriate modifications to their custodial arrangements, including child support and visitation schedules, as needed. We have the professional and technical resources necessary to develop and present resolutions that truly keep the child's best interests as the highest priority.

What is "Real Advantage" in an out-of-state custody ruling

The "real advantage" standard applied for out-of-state custodial parent relocations is supposed to take into account the effects on all parties, including the non-custodial parent. A Massachusetts Superior Court ruled, however, that the reduced parenting time for the non-custodial parent cannot be the controlling factor in making the decision to allow removal to another state. The Massachusetts Supreme Court has also ruled that a settlement agreement stipulating that the child will not be moved out of state can be overruled in the best interests of the child's welfare. While these rulings seem unjust to many non-custodial parents, we believe the decisions were made in the best interests of the child.

If you are faced with a parental relocation concern, we invite you to contact us to learn more about our move-away legal services. Whether you are the custodial or non-custodial parent, we can answer your questions and help you make sense of your options.