Understanding Child Relocation Laws in Massachusetts

What Parents Need to Know Before Moving Out of State with a Child

What Is Considered Child Relocation in Massachusetts?

In Massachusetts, child relocation laws are designed to protect the best interests of children when a parent wants to move out of state. A parent cannot relocate out of state with a child without either the other parent’s consent or court approval. 

This process is often lengthy and complex, and you won’t want to tackle this without proper legal representation. When one parent has primary physical custody, the court applies what’s known as the “real advantage test.” In simple terms, the judge weighs the pros and cons of the proposed move — how it might benefit the parent who wants to relocate and the child, and how it could affect the child’s relationship with the parent who stays behind.

The Role of a Guardian ad Litem (GAL)

If parents share custody equally, the standard becomes even more focused on the best interests of the child, and the court may appoint a Guardian ad Litem (GAL) to help evaluate the situation.

If you remember from a few of our past newsletters, a GAL is typically a family law attorney or mental health professional who conducts an investigation and makes recommendations to the court about what’s best for the child.

When Can a Parent Move Out of State with a Child?

Factors the Court Considers with Child Relocation Laws

All of this falls under Massachusetts General Laws, Chapter 208, Section 30, which essentially says:

A child who has lived in Massachusetts for at least five years (or was born here) cannot be removed from the Commonwealth without the consent of both parents — or, if the child is old enough, without their own consent — unless the court decides otherwise for good cause.

When considering a relocation request, the court (and any appointed GAL) will look at several key factors, including:

• The child’s best interests
• The motivations and interests of both parents
• The reasons for the proposed move
• The quality of the child’s relationship with each parent
• The potential impact of the move on the child’s relationship with the non-custodial parent
• How the move could enhance the child’s life economically, emotionally, and educationally
• The feasibility of maintaining the child’s relationship with the non-custodial parent after the move 

More questions about child relocation laws in Massachusetts?

No matter what your situation, we hope that this info puts your mind at ease as no parent should ever feel threatened that their ex-partner is going to take their kids away. If you are the parent seeking to move, it’s important to know in advance that these cases will take time to play out through the family court system, but moving your child out of state may be possible. If this sounds like your situation, we encourage you to make an appointment with us so we can see if we would be a good fit for your case.