I bet that most divorce lawyers and Probate Judges will tell you that among the toughest cases they see are so called removal cases – where one parent wants to leave the state with the children, leaving the other parent behind. It is now also clear that moving across the state so that parenting is disrupted can also be grounds for application of the removal laws.
If the departing parent is going to a neighboring state this may be something that can be worked out without a trial and a Guardian ad Litem. However a move beyond a 2 or 3 hour drive can be disastrous to a parent/child relationship.
The reasons for asking to leave (and you must get either written permission from the other parent or a court order allowing the move) can be very valid and necessary as well, a job, a new spouse, familial support all of these can be critical to the moving parent.
Massachusetts handles removal cases in 2 ways based on what the parenting situation is. If the moving parent is the physical custodian, meaning that the children’s primary residence is with him or her then the standard is different from the standard … Keep reading