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Giving notice when leaving the state

When a parent has custody of a child in Massachusetts, there are some restrictions as to relocating. This is not as much of a factor if the parents already live in two different parts of the state or country. However, if the custodial parent wants to leave the area, then there could be some challenges for the non-custodial parent.

Unless there is an agreement between the parents, the non-custodial parent can bring a dispute to the court about the relocation. This could prevent the other parent from leaving the area until the case is heard in front of a judge. The judge will make a decision about whether the parent can leave with the child. If the parent is granted permission, then there will be a new agreement drawn for visitation with the non-custodial parent. Some judges will not allow the parent to leave the state if it is not in the best interest of the child.

Most states require some type of notice if the custodial parent wants to leave the state. This notice ranges from 30 to 90 days. Some states do not require a notice if the relocation is within a certain distance. This is 100 miles or less in most cases. There are some states that will want the custodial parent to prove that the move is in the best interest of the child or that it is necessary.

If custody issues arise, the non-custodial parent may consult with an attorney. The attorney could help in filing motions to try to prevent the other parent from leaving the state based on the current situation. Factors could include limited transportation to see the child if the parent goes to another state.

Source: Findlaw, "Child Custody Relocation Laws", November 24, 2014

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