Pursuant to Mass. Gen. Laws c. 208, sec. 30, where the custodial parent wishes to move away from Massachusetts with a minor child or children, if the non-custodial parent does not agree to the move, a court order is required. I will present evidence and arguments on your behalf regarding your child’s best interests. The court will consider whether the custodial parent presents a “real advantage”, or a sincere reason for the move that will result in a benefit versus not moving, such as a better job or proximity to extended family.
The court will consider the interests of each parent as well as those of the children. The degree of involvement of each parent is a major factor in the court’s decision, as the move will not affect the non-custodial parent’s rights where he or she has failed to exercise those rights.
Keep a log of your parenting tasks as well as the other parent’s involvement and interference with your exercise of your parenting rights. This will support your claims and the court can consider the log as evidence.
To discuss how I can present your case to make a court ruling in your favor most likely, call (978) 704-9223 or email Lance Law LLC to schedule a free consultation.