Massachusetts Parent Relocation Lawyer and Foreign Judgment Attorney
At the time of divorce, or even months and years after first divorcing, disputes can arise between former spouses or those who are in a co-parenting relationship if they live in different states. Challenging jurisdictional issues can affect custody and visitation, child support, alimony, and property division.
If you live in Massachusetts but are dealing with family law problems from another state, it is important to have experienced legal representation at your side.
Enforcing Out-of-State Orders
Any order relating to child custody or child support can be enforced in Massachusetts if you live here. Additionally, if your former spouse is not complying with orders from another state, it is possible to have those orders (referred to as foreign judgments) enforced in Massachusetts. The only requirements to filing your complaint is that you 1) have established residency in Massachusetts, 2) obtain copies of the order from the neighboring state, 3) provide proof of service that the opposing party was properly served.
Moving Away With Children After Divorce
When first ordered, your custody and child support order was designed to work for your family in Massachusetts. If either parent is considering an out-of-state move, consent of the other parent or permission of the court must be granted.
Relocation Cases Can Be Litigated in Court or Negotiated Between the Parties
While a move out-of-state may be the best thing for you and your children, these cases are both sensitive and highly contested. Given that the family has already been divided in two, taking the child even further away only furthers that divide.
Despite the challenges, parental relocation is frequently allowed on the South Shore, especially during difficult economic times.
Questions and Issues to Consider in Child Removal Cases
- Is the move in the best interest of the child? If the proposed relocation is being submitted in good faith and supported by sound reasons, it may be granted. Career or educational opportunities, family support, and economic reasons are common.
- How will the child's relationship with the other parent be affected? What alternative parenting time and living arrangements can be made to allow the non-custodial parent the opportunity to maintain a relationship with the child? Oftentimes, a court will give the non-custodial parent all of the summer, the Thanksgiving and winter holiday, spring, and other school breaks.
- Is the proposed move based on the child's best interest or the opposing parent's convenience? The court is most interested in the best interest of the child.
- What additional expenses will be involved in long-distance travel expenses? Might a deviation in child support be warranted?
Committed to Obtaining the Result That You Deserve
Our Plymouth foreign judgment attorneys can assist with actions to register, enforce or modify judgments from other states. Our Cape Cod relocation lawyers can assist parents who wish to relocate to another state or even just another county in Massachusetts. Because there are certain legal ramifications for relocation if minor children are involved, it is wise to speak with a family law attorney about the proper steps to take to achieve your goals.
Aggressive Strategies May Be the Best Option
The Massachusetts Family Law Group is one of the South Shore's pre-eminent family law firms dedicated primarily to the practice of divorce and custody cases. Removal cases are often more highly contested than custody cases; that's why our attorneys' experience in out-of-state removal cases allows us to be much more proactive in producing a positive outcome to our clients' cases.
We represent parents on both sides of the removal issue – the custodial parent who wants to move away and the parent who may be opposing the move. In either case, we are known as aggressive lawyers whose experience and reputation will serve you well during negotiations.
For a free, no-obligation consultation at any of our offices, call (800) 299-DIVORCE or contact us online. To learn more about our firm, read testimonials from our former clients or watch our videos.
