Removal of Children From Jurisdiction

A divorced parent who seeks to relocate, over the objection of the other parent, from Massachusetts to another state or foreign country with his or her children must seek permission to do so from the applicable Probate & Family Court. This also applies to parents of minor children that have a pending divorce or paternity action.

This law applies to instances where a custodial parent seeks to move the minor children within Massachusetts where the move would significantly disrupt the other parent’s visitation/parenting time with the minor children, such as when the custodial parent seeks to move a considerable distance from the other parent, but remain in Massachusetts.

The purpose of the “removal” law is to ensure that the right of the custodial parent (i.e., the parent with physical custody) to seek a better life for himself or herself in another state (or foreign country) is properly balanced with the right of the other parent to maintain and develop his or her relationship and parenting time/visitation with the minor children.

“Removal” cases are very difficult to litigate given significant ramifications the moving of the children will have on the children and both parents. These cases are even more difficult where physical custody/parenting time is shared and neither parent has a clear majority of custodial responsibility. Consequently, a person seeking to litigate a “removal” issue needs an aggressive, experienced attorney such as Attorney Karp. Call or email him today for a free initial telephone consultation.