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After a child custody order has been entered, life moves on for both parents and the child. At some point, a parent may feel the need or desire to move somewhere else. If the move is within the same state and relatively close by and doesn’t affect the existing custody order (or either parent’s ability to abide by it), then it is unlikely that any significant action must be taken. But what happens if you need to move across the state or to another state entirely? What if the other parent is the one who wants to relocate? Whichever side you find yourself on this issue, LaFountain & Wollman P.C. is ready to advise you of your rights and advocate for your interests.
The Court’s Evaluation of a Relocation Request
A parent who wants to move elsewhere with the child may need to have the current child custody agreement or order modified. If both parents agree with the move, the process is relatively less complicated but still needs court review and the assistance of counsel. In many cases, however, a parent will disagree with the relocation request because it means substantial changes to custody and parenting time that might not be practical.
When examining a parent’s request to move (sometimes called a removal action), the court applies what is known as the Real Advantage Test. As the name implies, this test considers whether the relocation will provide a real advantage to the child. There are several considerations the judge must evaluate before either granting or denying the relocation request:
Why is the parent really moving?
The parent who wants to move may have a legitimate reason for doing so, such as taking a new job, being closer to an ailing family member, or meeting a specific need of the child. If the proposed move is for a legitimate reason like this, it stands a better chance of being approved. But if the evidence clearly indicates that the purpose of the move is to spite the other parent or make it more difficult for him or her to visit the child, it likely will be denied.
How will the move affect the child’s best interests?
The best interests of the child are paramount in all child custody matters, including relocation requests. A judge will want to know how the child’s quality of life – emotional, developmental, physical, and social – will be enhanced or harmed by the move. If the new location offers something of particular advantage to the child, like better educational opportunities, the judge will look more favorably upon the request.
How will the move impact parenting time?
In many ways, this is the crux of the relocation issue. Moving will necessitate a change in custody and visitation schedules, so the non-custodial parent’s interests will be affected. The question is whether an alternate plan can be made to accommodate those interests. A judge may order a new parenting schedule that accounts for the move so the non-custodial parent can still see the child. The judge might also decrease the non-custodial parent’s child support obligation to offset the added cost of more travel.
Will the Court Appoint a Guardian Ad Litem?
Because of the importance of the child’s best interests, a judge may appoint someone called a guardian ad litem to assist. The guardian ad litem’s role is to investigate the circumstances surrounding the relocation, discuss the matter with both parents, and then make a recommendation to the judge. Although the recommendation is non-binding, judges tend to give it considerable weight in these types of cases.
Representing You in All Child Custody and Relocation Matters
LaFountain & Wollman P.C. is experienced in all aspects of Massachusetts child custody law, including that which concerns relocation. Whether you are the parent wishing to move or the one who objects to it, having skilled legal counsel by your side is essential to protecting your parental rights. Call us today to learn more.