When a parent wants to relocate with their child(ren) to another state, tensions can escalate and emotions can erupt. Removal cases often provoke strong emotions and can be difficult to determine. Sometimes it is possible to negotiate a solution that satisfies both parents; however, litigation is common. Any parent dealing with a relocation request should be aware of that possibility and be prepared for the toll that litigation can take on everyone involved.
At the Law Offices of Sheara F. Friend, our attorneys have experience in taking removal cases to trial and are dedicated to helping clients protect their rights and find solutions in cases where one parent wants to remove a child either from the area or out of Massachusetts altogether.
How Courts View Relocations And Custody
When one parent wants to remove a child to another area or state and the other parent objects, the courts will consider a number of different issues:
- What is the current physical custody and legal custody arrangement?
- What is the current parenting schedule?
- How far away will the child move?
- Why is the parent moving? Is it for a marriage, job, education, or another reason?
- What is the advantage to the parent seeking removal (quality of life)?
- How does the custodial parent propose that the non-custodial parent have parenting time?
- Does the child have a close relationship with the non-custodial parent now?
- Will the child lose contact with other relatives due to the move?
- Will the new environment be positive for the child?
As with all custody matters, the court is primarily concerned with what is in the best interests of the child.
How We Make A Difference
We know that your children's well-being is your top priority. We will make it our top priority also.
We have focused our entire practice on family legal issues and have more than 60 years of combined experience in the field. This gives us a deep understanding of how the courts view removal requests. That knowledge allows us to successfully guide you through negotiations with the other parent. If negotiation fails, we leverage our know-how to forcefully argue your position in court.
To schedule a consultation with one of our lawyers, please call 978-464-9001. We are proud to represent clients in Middlesex, Norfolk, Essex, Suffolk, and Worcester counties.
