When parents negotiate custody arrangements or when the courts establish a custody order in a litigated scenario, there is a legal obligation for the parents to uphold the terms outlined in the order. Parents who divorce typically share their parental rights and responsibilities with one another.
They interact regularly to exchange custody. They may need to communicate about issues ranging from the education of the children to their medical needs. Seeing one another regularly for custody exchanges can become prohibitively difficult if either spouse decides to relocate.
If a parent who has more time with their children wants to leave Massachusetts or move across the state, their choices could affect the parenting time of the other parent. When is relocation permissible in a shared custody scenario?
When the parents reach an agreement
Technically, state law imposes a presumption that relocations with minor children subject to custody orders should not occur without the consent of both parents. The parent hoping to move to accept a better job or go back to school needs the permission of the other parent.
The two of them may be able to negotiate a series of adjustments to the current custody arrangement that allow them both to spend liberal amounts of time with their children. If the other parent approves of the relocation, the parents can submit a request for an uncontested custody modification that updates the custody order to reflect the adjusted circumstances of the family.
When the courts approve the proposed move
If the other parent does not provide consent, then litigation may be necessary. A family law judge can review the situation and decide if the move is appropriate and beneficial for the children.
Factors including the reason for the move and the likely impact it may have on the rights of the other parent can influence what a judge ultimately rules. Their goal is to act in the best interests of the children, typically by ensuring that they can preserve a strong bond with both of their parents.
Those hoping to relocate while subject to a shared custody order often have to approach the matter carefully. Discussing what the law requires can help those hoping to negotiate a parental relocation take the appropriate steps before moving.