Relocating with joint custody of children in Massachusetts can feel like walking a fine line. With both parents sharing rights and responsibilities, any major decision—like relocating—requires careful consideration.
If you’re facing this situation, you’re probably wondering what steps to take and how to ensure the process goes smoothly for everyone involved, especially your children. Let’s look at the issues together.
What Is Joint Custody?
When we talk about joint custody, we’re referring to a shared child-raising arrangement between parents after separation or divorce. Massachusetts recognizes two main types: joint legal custody and joint physical custody.
- Joint legal custody means both parents participate in making important decisions about the child’s upbringing, such as education, healthcare, and religion.
- Joint physical custody refers to the time the child spends living with each parent, though it doesn’t always mean a perfect 50/50 split.
Courts in Massachusetts typically award joint custody when they believe it serves the best interests of the child. Factors like the parents’ ability to cooperate, the child’s age, and the stability each parent can offer all play a role.
What Happens When a Parent Wants to Move?
Relocating with a child in a joint custody arrangement isn’t as simple as just packing up and heading out. In Massachusetts, the law requires that you either get the consent of the other parent or receive approval from the court if a significant distance is involved. This ensures that the move aligns with the child’s best interests—a standard that always takes priority.
Steps to Follow if You Plan to Relocate
Taking the first steps toward relocating with joint custody can feel confusing, but breaking it down into manageable actions makes the process more approachable. One of the most important initial steps is ensuring open and honest communication, starting with notifying the other parent.
Notify the Other Parent
Communication is key. Let the other parent know about your plans as early as possible. Being upfront can help ease tensions and open the door for a discussion.
Seek Consent
If the other parent agrees to the move, you’ll need to formalize that agreement. This often involves submitting a signed stipulation to the court for approval.
File a Petition with the Court
If the other parent doesn’t consent, you’ll need to ask the court for permission to relocate. This requires demonstrating that the move serves the child’s best interests, not just your own.
How Do Courts Decide?
If the court becomes involved, they will carefully evaluate the situation. Here are some of the key factors they’ll consider:
- The child’s best interests (the most important factor)
How will the move affect the child emotionally, physically, and developmentally? The court will assess whether the change will enhance the child’s overall quality of life. - The child’s relationship with the non-moving parent
Relocation can strain this bond. Courts weigh how visitation schedules or shared parenting time would be impacted. - Improvement in living conditions
If the move offers better educational opportunities, a safer neighborhood, or financial stability, the court may see it as a positive step. - The reasons for the move
Is the parent relocating for a legitimate reason, like a job opportunity or family support, or are they trying to limit the other parent’s involvement in the child’s upbringing? - The parents’ ability to co-parent
Courts will evaluate how well both parents work together and whether the move would disrupt their cooperative dynamic.
How Reade Law Firm Can Help
Relocating with joint custody can be complicated, but you don’t have to face it alone. Let us help you find the best path forward for your family.
At Reade Law Firm, PC, we know that decisions about custody and relocation aren’t just legal matters—they’re deeply personal ones. Our team has extensive experience representing parents in custody disputes and relocation cases throughout Massachusetts.
We take the time to understand your unique circumstances and work tirelessly to protect your rights while also prioritizing the well-being of your children. Whether this means negotiating with the other parent or presenting your case to the court, we’re here to guide you every step of the way.
Ready to Discuss Your Custody and Relocation Questions?
If you’re dealing with the challenges of moving with joint custody in Massachusetts, we’re here to help. Reach out to Reade Law Firm, PC, today for a consultation. Call us at (978) 767-8383 or contact us using this form. Let’s work together to create a solution that works for you and your family.