Danvers Relocation Lawyers
Family Law Services in Essex County, the North Shore & Greater Boston
Divorced, separated, or never-married parents may wish to relocate to a distant city or state with their shared child for many reasons. The reasons can range from employment changes and a new marriage to being near extended family or better schools. While the move may benefit the relocating parent, it may jeopardize the other parent’s custody or visitation rights.
When seeking a relocation such as this, it is crucial to understand the relevant Massachusetts laws and the impact of the relocation on all parties, including the child. Such a move can create a family law dispute between parents, necessitating legal representation for a fair resolution.
At Broderick & Mastrapasqua, LLC, our family lawyers have helped many parents facing this situation. We have effectively represented parents seeking court approval for relocation as well as those who have opposed it. Our team is well-versed in Massachusetts family law, has conducted many trials in family courts, and can apply our extensive years of experience and professional insight to help you pursue a favorable relocation outcome.
Book a free initial consultation with a Danvers relocation attorney at Broderick & Mastrapasqua, LLC by calling (978) 721-8861 or submitting your information on our contact form.
Child Relocation Law in Massachusetts
Under Massachusetts law, a parent who wishes to relocate with a child when the child was born in Massachusetts or has lived here for at least five years must obtain permission from the other parent. If the other parent objects to the proposed relocation, the relocating parent must seek legal action.
To initiate the relocation process, the parent wishing to move must formally notify the other parent. This notification typically includes details about the planned move, such as the new location, reasons for the move, and how the relocation may affect the child’s relationship with the other parent.
If the other parent opposes the relocation, the initiating parent must file a motion with the family court for permission to relocate, outlining the justification for the move and its benefits to the child.
How Do the Courts Decide on Custody In a Relocation?
Massachusetts courts use the “best interests of the child” standard to determine custody in the face of a proposed relocation. This standard can involve many factors, including the child’s age, the stability of the current living situation, potential benefits of the relocation, and any impact the move may have on the child’s relationship with both parents.
The court also examines whether the relocating parent is acting in good faith and not merely seeking to disrupt the other parent’s relationship with the child.
What Happens at a Relocation Hearing?
During a relocation hearing, both parents will have the opportunity to present their cases before a judge. This includes providing evidence, testimony, and other relevant documentation supporting their positions.
The relocating parent must demonstrate how the move serves the child’s best interests, while the non-relocating parent can present their concerns about the potential negative impact of the relocation. After reviewing all evidence and arguments, the judge will decide on the request.
Factors Considered in a Relocation
Several key factors are considered by the court when considering a relocation request, including:
- The child’s current living conditions: Stability and consistency are essential for a child’s emotional wellbeing.
- The reasons for the move: The court will assess the validity of the relocation reasons, such as employment opportunities, family support, or health considerations.
- The child’s relationship with both parents: The court considers how the relocation will affect the child’s relationship with the non-relocating parent.
- The ability to maintain a relationship: The feasibility of ongoing visitation and contact between the child and the non-moving parent post-relocation is a significant factor.
- Any history of parental conflict: Courts may consider any prior disputes or conflicts between parents that could influence the child’s best interests.
How Broderick & Mastrapasqua, LLC Can Help in Relocation Cases
Our experienced attorneys understand the complexities and emotional challenges involved in child relocation cases. We are committed to guiding you through every step of the legal process, protecting your rights, and advocating for the best interests of your children.
If you are considering such a move, we can review your situation to determine if you have a viable case. Conversely, we can defend your custody rights if you need to contest a move. Our team offers personalized legal strategies, compassionate support, and vigorous representation in the pursuit of favorable outcomes.
Contact us online or at (978) 721-8861 to consult a Danvers relocation attorney today.
What Sets Broderick & Mastrapasqua, LLC Apart?
Why Clients Choose Us
With our firm you are not just getting legal representation; you are gaining a dedicated team that will stand by your side, advocate for your rights, and provide the compassionate support you deserve.
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Tailored Legal SolutionsWe take the time to understand your specific circumstances and develop a tailored approach that meets your needs.
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Caring and Compassionate RepresentationWe pride ourselves on building personal relationships with our clients. Our team genuinely cares about your well-being and will do whatever we can to support you throughout the legal process.
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20 Years of Combined ExperienceOur seasoned attorneys have successfully handled a wide range of family law issues, ensuring that you receive the best possible representation.
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Free ConsultationsWe offer free consultations to ensure that you have the opportunity to discuss your case with us without any financial obligation.