Child Custody If You Are Moving From Massachusetts To New Hampshire
June 3, 2020
Divorce can be a difficult experience, and it is sometimes made even harder when there are children involved, particularly if both parents want sole custody of the children. Unfortunately, child custody can become an even trickier situation if one parent has moved or is planning on moving out of the state, for example from Massachusetts to New Hampshire. MGL c.208 s.30 Massachusetts General Law discusses how child custody and moving across state lines are handled. This applies to both old and new custody cases.
A minor child, who is a native of Massachusetts or who has lived in the state for at least five years, and has divorced parents cannot be removed from the state without approval.
In general, either the other parent or a judge must approve the removal of the child from the state. If the child is old enough, he or she may be able to consent to being removed from the state.
If the decision whether you can relocate to another state goes to a judge, you must present a legitimate reason for the move. This could include relocating for a better job, to remarry, or for other reasons that will benefit you and your child.
Along with showing the reason for the move, you will likely need to demonstrate why the move with will be a good thing for your child.
One important thing you will likely have to prove to a judge is that you are not moving simply to deny the other parent time with the child or children.
For a judge to approve you moving out the state with your children, you may have to present a plan for how you will continue to allow the other parent access to the children.
Because child custody cases that span state lines can be difficult, it is important to consult an experienced lawyer. If you have questions about out of state child custody, please call our office to speak with an attorney and learn your options.