Your Rights In Move-Aways And Parental Relocation

In order to ensure you are in compliance with the terms of your divorce settlement, it’s necessary to petition the court for a post-divorce modification if you decide to relocate. Regardless of whether you decide to move in or out of Massachusetts, a parental relocation will impact child custody and visitation arrangements. As a result, the court will need to review the existing child custody and visitation schedule in order to ensure each parent’s rights are maintained and protected.


How A Parental Relocation Can Impact Child Custody


When one or both parents move away, the court has an interest in reviewing any existing child custody arrangement involved. Especially in cases where one parent moves out of state, the ability to comply with visitation and vacation schedules will be affected. As a result, it may be necessary to adjust the amount of time allotted for vacation, as well as any schedules in shared or joint custody arrangements. Working with an experienced attorney who knows the Massachusetts courts and laws can ensure your parental rights are protected and enforced.


Three Reasons Why Verbal Agreements Are Not A Good Idea


In some cases, you may be tempted to reach an informal oral agreement regarding changes in custody arrangements with your ex. While doing so may seem easier, it’s a risky gambit that could come back to hurt everyone involved.


  1. First, an oral agreement between parents is not a legally enforceable – or binding – agreement.

  2. Second, even if you and your ex-spouse get along, that could change, leaving you at the mercy of him or her should he or she decide to ignore your informal oral agreement.

  3. Third, if you’re forced to go to court on an enforcement issue, the judge could penalize you and your ex-spouse once they find out you’ve decided to ignore a legally binding child custody court order.


For these reasons, it’s essential that you petition the court for a modification in cases involving parental relocation. You can avoid many potential snags by working with an experienced attorney. This will save you time, money and a lot of headaches in the end.

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