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Massachusetts Law - What If A Spouse Wants To Move Away? If the child is under age 18, or was born in Massachusetts, or has lived there five-years, in order for a parent to move the child out of the jurisdiction, the parent must get one of:
In the event of a court order, the court will make this decision based on what appears best for the child under all the circumstances of the case, and based on whether there is a real advantage to the child in the new location. The key advantages that can justify a move are:
The court will also consider whether there is a motive to deprive the other spouse of contact; this will work against the move. And the court will see how much the move will decrease the child's contact with the other parent, which also works against the move. Section 30. Cases: Williams v. Pitney (1991) 567 NE2d 894 (The court held that the move must be in the best interest of the child and confer on the child a real advantage. Here, the court granted the mother permission to move to California with the child. In California, the mother had a cousin who worked in computer programming, the mother's field. Also, the mother's child from a previous marriage lived in California. Also, in California, the mother, a Spanish-speaking person, would find a bilingual community. And finally, in California, the mother's asthma might improve, as the climate was warmer. The court allowed the move despite a provision in the separation agreement that husband would have to consent to any move, and he had not consented.) Yannas (1985) 431 NE2d 1153 (The court allowed the mother to move to Greece.)
Disclaimer: We are not giving legal advice. No warranties. We disclaim all legal liability. More... Click here to go to top Massachusetts legal page. Click here for the Massachusetts divorce legal table of contents. | |||||||||||||||||||||||||
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