Removal And Interstate Custody Or Support Disputes

Parental Relocation Solutions That Meet Your Family’s Unique Needs

Massachusetts General Statute L.c. 208 declares that custodial parental removal (relocation) out of the state requires the consent of the noncustodial parent or of the children if they are of a suitable age of consent. If a noncustodial parent does not (or cannot) approve of the move-away, the court must consider whether the relocation will offer “real advantages” to the child’s welfare. Most importantly, the judge takes into account the effects that long-distance visitation and reduced noncustodial parenting time will have on the child. In addition, however, the judge must weigh the positive effect the parental relocation might have on the child by improving the life of the custodial parent. Clearly, removal issues are considered and resolved on a case-by-case basis.

Contact us to schedule an appointment with a lawyer at The Law Offices of Paul C. Bishop, PLLC. We have the professional and technical resources necessary to develop and present resolutions to child custody disputes that truly have your children’s best interests as the highest priority.

Knowledgeable Assistance For Child Custody Disputes

Whether you are a custodial parent seeking to relocate, or a noncustodial parent opposing a move-away request, The Law Offices of Paul C. Bishop, PLLC, can help with all child custody disputes. Our Braintree family law attorney has the experience and knowledge of child removal laws to help you find a satisfactory resolution to your parental relocation concerns.

We have earned a reputation throughout eastern Massachusetts family law courts for our integrity and concern for the needs of children and families involved in child custody disputes. We help divorced parents make appropriate modifications to their custodial arrangements, visitation schedules and child support orders, such as to address who will be responsible for payment of college expenses and health insurance costs.

What Does ‘Real Advantage’ Mean In An Out-Of-State Custody Ruling?

The “real advantage” standard applied for out-of-state custodial parent relocations is supposed to take into account the effects on all parties, including the noncustodial parent. A Massachusetts Superior Court ruled, however, that the reduced parenting time for the noncustodial parent cannot be the controlling factor in making the decision to allow removal to another state.

Also, the Massachusetts Supreme Court has ruled that a settlement agreement stipulating that the child will not be moved out of state can be overruled in the best interests of the child’s welfare. While these rulings seem unjust to many noncustodial parents, we believe the decisions were made in the best interests of the child.

We routinely represent out-of-state parents in custody disputes under Massachusetts General Statute L.c. 209d, the Uniform Interstate Family Support Act, and the Uniform Child Custody Jurisdiction and Enforcement Act when the other parent is located in Massachusetts.

Get Help Now From Our Attorney

If you are faced with a parental relocation concern in the Norfolk area, we invite you to contact us to learn more about our legal services in move-away cases at 617-934-5039. Whether you are the custodial or noncustodial parent, we can answer your questions and help you make sense of your options.